The new check law shortens time and reduces liabilities

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The Ramadan Council, set up by Attorney Issa Bin Haider, founder and CEO of Bin Haider Advocacy and Legal Consultations, in the presence of a number of attorneys and consultants, recommended to all merchants that the check be respected. as a tool of fulfillment and a way of guaranteeing rights.The so-called “flying checks” were used for illegal purposes, and it indicated that the new checks law shortened time and relieved burdens on courts and police departments.

In his intervention, lawyer Issa bin Haider emphasized that the new checks law covers many aspects related to time and a lot of time and shortens the progress that the country sees. The defendant, you do not get money from him or the heirs, but in the new law changed the situation, the procedure became short, when the check is handed over to the bank, the bank gives you what is available from the money in the account, in addition to a certificate of the rest of the value of the check that has not been cashed, and from During the testimony, the beneficiary of the check can go directly to the execution judge, and the execution begins directly on the person’s money, a period equal to one tenth of the period in the previous law. The new law also gave traders and business owners enough time to settle their situations with guarantees for the right holder.

Accumulation

He said: During the Corona pandemic, there were many check cases that piled up in police stations until it became a heavy burden on police officers to arrest the accused, then put him in jail and refer him to the prosecution. , as one file when he arrives at court, costs thousands of dirhams, and the arrested person costs the government to guard. Nutrition and treatment of what are considered costs limited by the new law, which indicates that once the law was issued, decisions were issued in all check cases and referred to the Public Prosecution for custody or closure in the police, and that the courts the cases before they started reconsidering before the law was issued until it was issued, so the cases were transferred to Civil Courts

If the redemption of the check was not too bad faith, such as forgery, fraud or the withdrawal of funds before it was cashed.

Experiments

Bin Haider explained: There are experiments in financial capitals in America where the bank had part of the symbiotic responsibility to guarantee the debtor’s right, so it kept the bank from having part of the value of the check pay and then pursue the person because it did not examine the client’s biography and did not know the client’s credit limits, and because checks are issued With specific colors indicating the client’s financial condition.

criminal protection

In turn, lawyer Muhammad Ali Al-Hammadi stressed: The difference between the new and the old law is that the new law has abolished criminal protection for some cases when the check is returned due to insufficient balance, as it is no longer a criminal in the state now, but in the old law if the check returned without balance is considered a criminal offense The UAE legislature, after the new law, realizes the purpose of issuing checks, makes them keep up with economic changes When the criminal protection of checks has been increased, the crime rate in the country has been reduced, and it has also encouraged investors to invest in a broader way. The UAE legislature has shortened the check’s journey in the past. There are two ways, the first is for the beneficiary to check. the criminal route of the police, prosecution and a fine or imprisonment, and thus the beneficiary is unable to obtain his rights, and conversely in the past a performance order was before the Court of First Instance, Appeal and Supreme Court and then implementation, that is, it goes through 3 stages, and currently the legislature The Emirati canceled those stages, and went directly to the execution.Which enables the beneficiary, after the file has been opened, to request the execution judge to inquire about the check writer’s money, in case he has money in banks or real estate They will be seized, and if he is not in his possession, he can request the execution judge to seize him, bring him and in to put in jail.

bad faith

In the same context, lawyer Muhammad Al-Saadi said: The criminalization of the check without balance is still criminal protection in it in certain cases, including that the person issues the check in bad faith The financial fine of not less than five thousand dirhams and not more than twice the value of the check, and the crime for which the legislature has lifted the criminal penalty is only the issuance of a check without sufficient balance.

byhou

In turn, attorney Noura Al-Amiri confirmed that the new law for handling checks is keeping pace with the changes in the state, and is in line with the new facilities the state has provided to investors. of the beneficiary of the check His money was quick and easy, and the new law greatly facilitated check cases at the courts, police departments and centers.

In turn, dr. Abdullah Muhammad Saeed, a lawyer and legal adviser, confirms: that the original in the check when the executive formula is placed on it in the new law is an exceptional decision because the original executive formula is only in the final rulings and in the issued rulings, and that the amended law served a large segment of check merchants. Also, to the extent that the new law decriminalized the check, it placed the check in importance and value, thereby upholding the value of the check as a means of fulfillment.

study

Print:
Attorney Fatima Al Ali said the amendments to the new laws, including the Czechs Act, came after an extensive study by the UAE legislature to keep pace with the current era. His money and the new law left the check as an executive document. which protects the beneficiary, and narrows the scope of criminalization in the check.

Lawyer Salem bin Kuwer, for his part, said: “There are many traders who are unaware of the new amendments regarding checks. The criminalization has not been lifted from all transactions in the new law, but only two things have been lifted, namely: insufficient balance or lack of balance, and the update The new one makes it easier for the beneficiary to obtain his right, instead of going back to the normal litigation procedures to open a complaint and take a case to court, which takes him a long time.

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