In a statement to Tunisie Numérique, today, Tuesday, June 4, 2024, financial and economic expert Bassam Naifer stated that the new draft law related to the check dealing system is marked by a clear philosophy, which represents holding accountability for all parties implicated in the process of issuing instruments from the drawee, who must guarantee the availability of a balance in his account. The bank is sufficient to cover the instrument it issued.
The same source noted that the law did not abolish the prison sentence, but rather decreased it to two years in addition to the financial fine, with the potential of an alternative punishment in the first cases.
Naifer added that this draft law also addresses the recipients of the money, holding them responsible by not letting them accept security instruments. Furthermore, it underscores the need to carefully select the people from whom they receive these instruments. With the availability of new technology, recipients can now check the balance of the individual issuing the check to determine whether the bank check can be cleared.
Our speaker also pointed out that the bank will also bear responsibility in this regard. If the bank is accustomed to providing facilities to the customer and declines to do so in a document, then it will necessarily bear responsibility, in addition to the need to investigate the person before giving him a bank chequebook. Naifer continued to say that the law included a penalty stipulating 40 percent of the value of the instrument.
For reference, in the meeting, he held yesterday, Monday, June 3, 2024, at the Carthage Palace, with Ms. Leila Jaffal, Minister of Justice, the President of the Republic, Kais Saied, discussed a project to revise several chapters of the Commercial Code related to the check dealing system.
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