HIBAPRESS – Abdelatif Baraka
In a move aimed at modernizing the legal framework governing check crimes and enhancing legal security in commercial transactions, the Presidency of the Public Prosecution issued a new circular concerning developments related to check crimes, within the framework of activating the provisions of Law No. 71.24 amending and supplementing the Commercial Code, which came into effect on January 29, 2026.
Hicham El Belaoui, the Attorney General at the Court of Cassation and Head of the Public Prosecution, directed this circular to the public prosecutors in the various courts of the Kingdom, calling for the immediate application of the new provisions, with the aim of unifying practice and ensuring the proper implementation of legislative reforms.
Towards Reducing Penal Prosecutions
The most prominent aspect of this circular is the recognition of a prior warning condition before initiating public prosecution in some check offenses, especially those related to neglecting to maintain or establish funds. Under this development, the drawer is granted a period of 30 days, extendable, to settle his situation, with the possibility of subjecting him to judicial supervision, which reflects a new trend that favors financial solutions over direct penal prosecution.
Payment Instead of Imprisonment
The circular also stipulated that paying the value of the check or waiving it, in exchange for paying a fine of 2% of the amount, may constitute an impediment to prosecution or a reason for the dismissal of the public lawsuit, depending on the cases, which reinforces the logic of recovering financial rights instead of throwing violators into criminal proceedings.
Readjusting Penalties
In the context of rearranging the penal policy, the custodial sentence for the misdemeanor of accepting a check as collateral was abolished, in exchange for tightening penalties in cases that affect the confidence of transactions, such as forging the check or violating the prohibition of issuing it.
The new provisions also allowed the possibility of suspending the execution of the custodial sentence in favor of those convicted, when the check amount is paid or a waiver is obtained, in addition to paying the imposed fines.
Exemption from Alternative Penalties
The circular noted that some check crimes, especially those stipulated in Article 316 of the Commercial Code, are excluded from the application of the alternative penalties system, due to their seriousness and their direct impact on the economic system and confidence in means of payment.
Unifying Description and Ensuring Legal Security
The Presidency of the Public Prosecution emphasized the unification of the legal description of the crime to become: neglecting to maintain or establish funds to pay the check upon presentation, with the stipulation of the benefit of ongoing cases from the substantive provisions that are more favorable to the accused.
This reform comes in the context of a legislative trend that aims to achieve a balance between protecting commercial transactions and preserving individual freedom, by reducing the penal nature of check crimes, in exchange for strengthening financial and conciliation mechanisms, thereby consolidating confidence in justice and ensuring its proper functioning.
