The new amendments to the Commercial Transactions Law to control check handling included some penalties and decriminalization of the check:
Whereas Article 641 of the law mentioned the penalties and acts for which the penalty is imposed. Where he shall be penalized by a fine of no less than 10% of the value of the check and a minimum of up to 5000 dirhams and not more than twice the value of the check, whoever refrains from partial fulfillment of the check or refuses to issue its certificate or deliver it or adhere to the statement contained in Article 632 or refuses to honor the check intentionally and maliciously Intent, abstaining from the truth of existence versus fulfilling and lying about the truth.
Article 641 bis1 included a fine of no less than 10% of the value of the check and a minimum of 1000 dirhams, and not more than the value of the check. Anyone who hands a check to its bearer knowing that it has no consideration for the payment of its value. While bis 3 of the same article stipulates that a fine of not less than 20 thousand dirhams and not more than 100,000 dirhams,
and one year’s imprisonment for anyone who commits one of these acts:
1- Using forged checks knowingly.
2- Entitlement to amounts from forged checks with his knowledge.
3- Using checks written in the name of others, or benefiting from them without right, or using them in crimes.
4- Forging checks or attributing them to others and changing the data in any way from the provisions of Article 216 of the Federal Law with the aim of causing harm.
The law also punishes with the same penalty whoever imports, manufactures or provides equipment, devices or information that cause the forgery crimes mentioned in the article.
The new law included some administrative penalties, which included several important points, according to Article 643 of the law that the court has the right to withdraw the checkbook from the convict, and prevent him from giving him any new checkbooks for a period not exceeding 5 years, in addition to a fine of no less than 50 thousand dirhams. And not more than 100 thousand dirhams. The penalty shall be applied if the check book is not delivered within 15 days from the date of the notification. The court also requires the suspension of the commercial and professional activity of the convict for a period of 3 years if he is convicted of one of the crimes mentioned in Article 641. A fine of no less than 100,000 dirhams, and no less than 200,000 dirhams, is imposed on banks if the rule for withdrawing the check book is violated. In the event that the liability of the natural person is not established, the penalty shall be directed to the legal person by suspending the activity for a period of 6 months, and a fine not exceeding 5 times the fine approved by law, and not less than twice the fine. Article 644 stipulates that the person responsible for managing the legal person shall not be punished unless it is proven that he knew or committed the crime