Abdelatif Wahbi, the Minister of Justice, outlined the key elements of a new law designed to reorganize the handling of checks, stating that the draft is currently in its final stages of drafting by the General Secretariat of the government and will soon be presented to the Council of Government for approval.
During a session of oral questions in the House of Representatives, Wahbi explained that the main amendment in the proposed law is the removal of the criminal nature of checks exchanged between spouses. He emphasized that the goal of this change is to protect family ties and avoid involving family disputes in criminal proceedings, especially when it concerns couples who share joint responsibility for children and the family.
The Minister added that such cases would be reclassified as civil matters, not involving imprisonment. He argued that using checks within marital relationships should not end up in criminal courts.
In another development, Wahbi mentioned that among the proposed amendments is the cessation of criminal prosecution upon payment of the check’s value, whether related to prior detention or a search warrant. This means that once the financial settlement is made, the legal process would immediately end.
Regarding cases of issuing checks without sufficient funds, Wahbi announced a new monitoring mechanism using electronic bracelets, giving the individual a month to resolve their situation. The deadline could be extended for another month if the injured party agrees, while the person remains under monitoring.
The Minister also raised the issue of potentially setting a financial threshold below which criminal prosecution might not be pursued. He suggested that the threshold might range between 20,000 and 25,000 dirhams, similar to practices in various comparative legal systems.
Criticizing the slow pace of legislative reforms, Wahbi remarked that Morocco would need nearly “fifty years” to completely remove the criminal nature of check-related cases, stressing that this financial tool remains a fundamental element of the national economy and should not be hindered.
In conclusion, the Minister affirmed that the new law aims to strike a balance between protecting the financial system and ensuring creditors’ rights, while also preserving the legal dignity of debtors through promoting reconciliation and reducing the punitive approach.
Source: Fes News Media
فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة