Controls require legislative intervention, article by Professor Zainab Muhammad, lawyer for Al-Watan newspaper

Controls require legislative intervention, an article by Professor Zainab Muhammad, lawyer for Al-Watan newspaper


Lawyer Zainab Muhammad spoke about the restriction of the criminal sanction for the offenses of preventing check cashing, emphasizing that the restriction aims to set a procedural condition for the application of the criminal sanction for the offense and the absence of this condition. it is impossible to impose this sanction in any way.

She added that the limitation of crimes committed to prevent the cashing of the check is found in the legislation of the procedural legislator, which subjects Article 357 to the aforementioned sanctions among the articles in which it is necessary to open criminal proceedings in which a complaint is filed. deposit. deposit. of the victim is subject, and these articles are exclusively provided for in article 3 of the criminal procedure and, by their nature, are subject to the Special Dangerous restriction, which is stipulated in article 7 of the same law, which stipulates that a complaint is not accepted thirty days from the day the victim became aware of the occurrence of the offense. On which the Court of Cassation based its judgments and established its principles, and what it concluded in its jurisprudence, is that as soon as the victim receives a refusal from the bank to cash the check for whatever reason or, their right to file a complaint will be lost after a period of thirty days from the date of this rejection. In financial transactions, in particular due to the lack of awareness of the thirty-day period by the public of check users.

The lawyer pointed out that the bank only grants a paper of refusal to cash the check three times within a period of six months from the date of exchange, and that this trick can be used as a temporary remedy to limit crimes committed on the check. , as we mentioned. Because they get their money back, and that's what loses the check as an important weapon, namely the criminal sanction, that is, the criminal protection specifically designed to increase confidence in the processing of the check. She emphasized that the legislative solution here is that Article 357 of the sanctions mentioned in Article 3 of the Criminal Procedure must be deleted – so that the control escapes the scope of the special restriction contained in these crimes, to know the decline. thirty days from the date of knowledge of the occurrence of the violation, and then the violations against me will be subject to control. The control concerns the general principle of the expiration of the file for crimes, which is the expiration of a expiration period of three years, in accordance with the decision of Article 14 of the criminal procedure, and the validity of this period begins to run from the date of knowledge of the occurrence of the offense, that is to say from the date of the bank's refusal to cash the check.
She pointed out that the one-month time limit for the right to report crimes of confiscated control is very short given the value and importance of control within Qatari society – and the three-year time limit certainly gives more confidence to manage control. than the thirty-day deadline, not to mention that the State is on the verge of economic opening, God willing. Furthermore, crimes committed on the check, although by nature, are personal crimes, they have serious economic and social repercussions, if confidence in the processing of the check is shaken.

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