Including selling their property..and prosecuting them in their country

Legal procedures regulating the refund of money from fugitive check writers

• The legislator made the check a direct executive document.

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• Ali Al Harami

  From the source

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The first judicial inspector in the Ministry of Justice, Judge Ali Hassan Al-Shirawi Al-Harami, told "Emirates Today" that the law deals with cases of insolvency and fugitives outside the country from check writers.

He expected that the Commercial Transactions Law regarding the provisions related to the check would limit the phenomenon of bounced checks, after it abolished the criminalization in the event of a lack of balance or insufficient balance for the check, and made the check an executive document without the need to file a substantive case for the right, “Therefore, the site of the check before it He will issue it with caution before signing, because access to the right has become short, and the beneficiary will go to the execution judge directly, to implement the right contained in the check without waiting or any additional procedures.

Al-Harami added that the “Insolvency Law No. 19 of 2019” organized insolvency cases for the debtor, who has become facing financial difficulties that made him unable to settle his debts, pointing to the submission of a request to open the procedures for settling financial obligations, and to decide on this request, and if the court accepts the request, it is suspended The creditor’s right to request execution on the debtor’s funds, and the suspension shall continue until the completion of the procedures for settling the debtor’s financial obligations.

He said: "This entails appointing an expert to submit a report on the debtor's debts, their owners, and the guarantees of those debts, and to prepare the plan with the debtor and present it to the creditors for discussion, and other procedures set forth in the law."

Al-Harami added, “As for the fugitive check writers, if they had existing money, it would be sold and the debts they owed would be paid.

And if this is not possible, then this bond can be executed in the foreigner’s country, in accordance with the provisions and procedures of the foreign judgment.”

Regarding the guarantees provided by law to the owners of bounced checks in their collection, Al-Harami stressed that the cashing of the check is still subject to the act of criminalization, but in cases other than the cases of lack of balance or insufficient balance. As for the guarantee of the right carried by the check after decriminalization in both cases, the legislator made the check a direct executive document, to be executed before the execution judge, without the need - as was the case in the past - to file a substantive case to judge him with this right, in addition to the expenses and fees that you need The case is during the litigation period until a decision is made on its merits, in addition to the time that takes in the appeal process until the judgment becomes final or final.

On the most prominent new amendments that were contained in Federal Decree Law No. 14 of 2020 amending some provisions of the Commercial Transactions Law promulgated by Federal Law No. 18 of 1993, Al-Harami explained that the law made the check an executive bond in two cases: the absence of a balance for it, or the balance was insufficient Article (635) bis of this Decree stipulates that: “The check that is affixed to the drawee by the lack of balance or insufficiency of it is considered an executive document in accordance with the regulations of Federal Law No. 11 of 1992 referred to, and the bearer may request its implementation in whole or in part. forcibly.

The provisions, procedures, and rules specified by the regulation referred to in this article shall be followed with respect to its implementation and disputes.

He explained that the primary purpose of this is for the customer to present the check on the date specified for its disbursement to the drawee (the bank), and then the bank, in the light of that, checks whether there is a balance or not. The balance is insufficient, the drawee must prove this, so that it is evidence that the check is unbalanced or that its balance is insufficient, and the two cases that are specifically suitable for being an executive bond, as for the cases of cashing the check are not valid as an executive bond.

After the creditor takes the origin of the check and the bond (the certificate that shows that the check is without balance or that the balance is insufficient), which the drawee gives it to him, the beneficiary, if he wishes to execute the bond, has access to the smart claims filing system, and restricting an execution suit to the bond accompanied In his request sheet after obtaining the approval for its implementation and payment of the prescribed fee, then the execution procedures follow from the notification of the debtor to the payment and other requests.

New penalties for check offenses

The first judicial inspector in the Ministry of Justice, Judge Ali Hassan Al-Shirawi Al-Harami, stated that the new amendments in the decree included canceling some articles of the Penal Code No. 3 of 1987 related to check crimes contained in Articles 401, 402, 403, and replacing them with the crimes described in Articles 641, 641 bis1. , 2, 3,4,643 bis, 1, 2, 644 bis 1, 2, which are:

1- Declaring intentionally and contrary to the truth that there is no consideration for payment of the check or the existence of a consideration that is less than its value.

2- Bad faith refusal to pay a check drawn on the bank that has a consideration for payment to a bearer against which a valid objection has not been submitted.

3- Refusal to make the statement referred to in Article 632 of this law.

4- Refusal to partially pay the check, issue a certificate to that effect, or deliver the original check in accordance with the provisions stipulated in Clause (2) of Article 617 of this Law.

5- If he does not deliver his check books, which he has in his possession, to the concerned banks within 15 days from the date of his notification.

6- In the event that any bank violates the order stipulated in the first and second paragraphs of this article.

7- Anyone who endorses a third party or delivers a check to its bearer knowing that the check has no outstanding consideration to meet its value or that it is not withdrawable.

8- An order or request from the drawee prior to the date of withdrawal not to cash a check issued in cases other than those stipulated in Articles 620 and 625 of this law.

9- Close the account or withdraw all the balance in it before issuing the check

or before it is presented to the drawee for withdrawal or the account is re-established.

10 - Deliberately writing or signing the check in a manner that prevents its cashing.

11- Forged or fabricated a check or attributed it to a third party by introducing a change in its data, by adding or deleting or by other methods stipulated in Article 216 of Federal Law No. 3 of 1987 Penalties with the intent of causing harm to others and for the purpose of using it for what it was forged.

12- Knowingly uses a forged or forged check.

13- knowingly imports, manufactures, possesses, acquires, sells, displays or provides equipment, tools, technological programs, information or data used in committing the forgery offense stipulated in this Article.

14- If he committed the crimes stipulated in Article 641 bis 3 of this Decree in implementation of a terrorist purpose.

In terms of the types of penalties, they vary according to each crime and the extent of its seriousness, such as a fine, imprisonment, life imprisonment, confiscation, prohibition of practicing commercial and professional activity, and publishing the judgment in two widely circulated daily newspapers in Arabic and English, or in two electronic means of publication that are determined by a decision of the Minister of Justice, one of which is in Arabic. The other is in English, and the check book was withdrawn from the convict and prevented from giving him new ones for a period not exceeding five years.

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