slider1 - Checks need legislative intervention, an article by Professor Zainab Muhammad, a lawyer for Al-Watan newspaper - Almashora Lawyer Zainab Muhammad Legal Firm Qatar, Legal Advice and Arbitration

Lawyer Zainab Muhammad spoke about the restriction on the criminal penalty for the crimes of preventing the cashing of the check, as she stressed that the restriction is to set a procedural condition for the infliction of the criminal penalty for the crime and the absence of that condition makes it impossible to inflict that penalty in any way.

She added that the restriction on crimes committed to prevent the check from being cashed is found in the legislation of the procedural legislator, which subjected Article 357 to the aforementioned penalties among the articles in which it is necessary to initiate a criminal case in which a complaint from the victim is submitted, and those articles are exclusively provided for in Article 3 criminal procedures and by their nature are subject to restriction Special dangerous, which is stipulated in Article 7 of the same law, which stipulates that a complaint is not accepted after thirty days from the day the victim became aware of the occurrence of the crime. On which the Court of Cassation based its rulings and established its principles, and what it concluded in its jurisprudence is that as soon as the victim receives a refusal by the bank to cash the check for any reason, his right to file a complaint will be forfeited with the passage of thirty days from the date of that rejection. In financial transactions, especially because of the public’s ignorance of the check users of the lapse of the thirty-day period.

The lawyer noted that the bank grants a paper refusing to cash the check only three times within a period of six months from the date of the exchange, and this trick can be used as a temporary remedy for the restriction on the crimes committed on the check, as we mentioned. Because they get their money, and this is what loses the check as an important weapon for it, which is the criminal punishment, that is, the criminal protection that was specifically designed to increase confidence in dealing with the check. She stressed that the legislative solution here is that Article 357 of the penalties mentioned in Article 3 of criminal procedures must be taken out – so that the check is outside the scope of the application of the special restriction contained in those crimes, which is the lapse of thirty days from the date of knowledge of the occurrence of the crime, and then the crimes against me will be subject to The check is for the general principle of the expiry of the case in misdemeanours, which is the passage of a three-year period for expiry, in accordance with the decision in Article 14 of criminal procedures, and the validity of that period begins from the date of knowledge of the occurrence of the crime, i.e. from the date of the bank’s refusal to cash the check.
She stressed that the period of a month for the right to report check crimes forfeited is very small in view of the value and importance of the check within the Qatari society – and the three-year period of course gives more confidence to deal with the check than the period of thirty days, in addition to the fact that the state is on the verge of economic openness, God willing. Also, the crimes committed on the check, although by their nature, are personal crimes, they have a serious economic and social repercussions, if confidence in dealing with the check is shaken.

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