Endorsed the postponement of its effect to January 2022

"Abu Dhabi Judiciary" discusses amendments to decriminalize uncollected checks

The law that is most favorable to the accused is applied from the date of its issuance without waiting for the effective date.

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The Judicial Inspection Department of the Judicial Department in Abu Dhabi, in cooperation with the Abu Dhabi Judicial Academy, organized a remote workshop to discuss the new provisions in cases of issuing checks without balance, in accordance with the Federal Decree-Law No. (14) of 2020, which amends some provisions of the Commercial Transactions Law promulgated by the law Federal No. (18) for the year 1993, with the participation of 140 members of the judiciary in the criminal prosecution offices and courts of the Emirate of Abu Dhabi.

The participants in the workshop agreed to submit a recommendation to the Supreme Judicial Council to unify the trends towards the descent at the will of the legislator to postpone the enforcement of the provisions of the law to the second of January 2022, whether related to decriminalizing the check without balance, or that determined the alternative mechanism for strengthening the check and giving it the status of an executive bond. , In a manner that allows its value to be collected directly, without the need to proceed in the course of the case.

The participants added in their recommendation that “the new amendments do not apply to them the possibility of adopting the rule (the law that is best for the accused), which allows the court to apply the law that is in the interest of the accused, upon its issuance, and not wait for the date of its entry into force specified in the text of the law, as the legislator stipulated in Article 4 of The decree provides for a transitional phase that will last for more than a year, with the aim of protecting the rights of all parties, and preserving the public interest.

The President of the Abu Dhabi Criminal Court, Head of the workshop, Counselor Mansour Al-Marzouki, confirmed that the workshop aims to keep pace with legislative developments within the framework of the provisions of Decree-Law No. (14) of 2020 amending some provisions of the Commercial Transactions Law promulgated by Federal Law No. (18) of 1993, thus defining the problems. Currently raised in the field of disputes related to the criminalization provisions and the alternatives to the punishment introduced by the aforementioned decree, especially the extent to which the rule of law that is most favorable to the accused applies to decriminalizing the crime of check without balance.

He added that the newly introduced amendments are considered one of the most important milestones towards upgrading the legislative and judicial structure in the country, in a way that enhances confidence in the business environment, and contributes to achieving its sustainability and development leadership, explaining that the decree included many modernized amendments, including the decriminalization contained in the Penal Code regarding issuing checks. Without balance, in addition to the approval of a number of mechanisms aimed at facilitating litigation procedures, avoiding the accumulation of checks cases before public prosecutions and criminal and civil courts, and thus reducing the waste of effort and money, whether for the check holder through the costs and the duration of litigation, or for the public treasury by providing The efforts of the security and judicial authorities in dealing with these issues.

Al-Marzouqi also referred to the mechanisms set by the new decree to ensure the collection of the check's value, including obligating the bank to partially fulfill the check, after deducting the full amount available to the beneficiary, and making the bounced checks an executive document executed directly by the execution judge in the court, by placing the executive formula on the bounced check and collecting its value Without resorting to the judicial path, whether civil or penal, as well as emphasizing the means of protection against the criminal case and facilitating its procedures, with equality between reconciliation and the payment of the check value as a basis for the expiry of the criminal case or the suspension of the execution of the adjudicated punishment, which achieves a balance between the interest of the beneficiary in Requiring his right as quickly as possible and between the interest of the "issuer of the check" drawer in the expiry of the criminal lawsuit against him upon payment, it will also lead to an increase in confidence in checks as a commercial paper that allows for their value to be paid immediately.

On the other hand, the speakers at the workshop mentioned that Article 4 of the decree specified the entry into force of it as of January 2, 2022. Article 3 also provides for the cancellation of Articles No. (401), (402), (403) of Federal Law No. (3) ) Of 1987 promulgating the Penal Code.

In this context, the established rule was discussed by jurisprudence and the judiciary that the law that is best suited to the accused is applied from the date of its issuance without waiting for the date of its enforcement, and this is applied in many judicial rulings that go in this direction.

An executive document

Most of the participants in the workshop agreed that the application of the rule of "law that is more favorable to the accused" within the framework of implementing the new law could lead to loss of the rights of the parties to the conflict and loss of confidence in the investment market, which the legislator worked to avoid by adopting a transitional phase for the entry into force of the new amendments. , So that the criminal protection of checks does not cease except in conjunction with the commencement of the mechanisms specified in the decree, which give the check force as an executive document.

• The amendments introduced to decriminalize the check without balance, the rule of law that is more favorable to the accused does not apply to it.

• The mechanisms developed to ensure the collection of the check, which included obligating the bank to partially fulfill after deducting the amount available to the beneficiary.

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