Mokhallad Rashid Abdullah Al-Aradah. "Report 24"
The Nation Council
Secretariat
Legislative Chapter IX Sector of Parliamentary Affairs
Second regular session of the Department of Committees
Commission of Legislative and Legal Affairs
Report No. 24
No. :
Date : Ramadan 7th  1420 A.H
Corresponding : December 15th  1999 A.D
Mr. Head of the Nation Council

Greetings,
It is my pleasure to present to you the twenty-fourth report of the Committee on the proposal to amend the law in the stipulation of the article (237) of the Act (No. 16) for the year 1960 A.D issuing the Penal Code.
Please presentation to the Council to take whatever action it deems appropriate connection.
Please accept the assurances of my highest consideration,,,,
Chairman of the Committee
Abdullah Yusuf Al-Romi

 

The Nation Council Twenty-Fourth Report For the Committee of  legislative and legal affairs About Law proposal to amend the stipulation of Article 237 of Law No. 16 for the year 1960 issued Penal Code

Presented by Messrs. member / Mokhallad Al Rashid, Abdullah Met'eb Al-Aradah

On 2/11/1999, Mr. President of Nation Council referred the said law proposal to the Committee. This was for the purpose studying it and submitting a report in regards thereof to the Council.

The Committee held a meeting for this purpose on 5 / 12 / 1999 as identified by the review of the provisions of this proposal that the idea aims at :

1. Amending the legal description of the crime of the check without balance from a felony, as it is under current law, to a misdemeanor and the commuting of the penalty assessed and based on that increase the penalty and making it in the ranks of a crime is not in compliance with the widespread use of the check which lays some sort of hesitation fencing around it. This is in addition to the fact that the apparent use of a checks out of their purpose and over misuse harm the drawer especially in cases of their multiplicity despite the unity of their subject and the agreement of parties when writing the check on the subsequence of cashing the checks. The beneficiary deliberately submits them at one time despite such agreement for the purpose of causing harm to the drawer.

2. Providing facilitations to the persons involved to pay the amounts of for which such checks were issued.
3. Paying due attention to the maturity date of the check and that this date must be due to state that the check is payable and to apply the consequences resulting from the lack of sufficient balance as from this date.
It has proved clear for the Commission out of the discussion of the idea of the stipulations of this proposal that the introduction of would cause harm to the economic situation in the State. In addition the description of this crime was originally a misdemeanor has been made severe to a felony for almost twenty four years and that the reasons for making it severe are still present. In addition, increasing issuance of checks without balance is to be deterred because there is category that took this mistaken process as a profession. In addition, the targeting of the idea of facilitation and assistance to those involved to repay the amounts of such checks is an achievable aim under the current law. This is through suspension of the punishment sentenced on a check with the balance in the event that if he paid the entire amount, even if a guilty verdict becomes final. (Article 237) of the Penal Code
However, the minority expressed their opinion that the date of issuing the check should be paid due attention because of the acts resulting from its being unable to be cashed, in respect to the moral agreement made between both parties.
For protection check and it contains essential data and from that date.

The Committee had concluded after examining this proposal, and after an exchange of opinion and unanimously taking the above-mentioned reasons not to approve the idea of making the check crime merely a misdemeanor instead of its current description as an offence. The Committee unanimously disapproved the idea of taking the date of the check into consideration as stipulated by the proposal.
The committee has unanimously concluded not to approve the proposal as mentioned above.
The Committee submits its report in such regard to the Council to take whatever action it deems in respect thereof.
Committee Rapporteur
Dr. Walid assistant Al-Tabtabaee
Kuwait
The Nation Council
No. : Rt. / 82
Date : November 3rd  1999
Mr. Chairman of the Nation Council
Greetings,

I submit the proposal of the annexed law in regards of amending the stipulation of Article 237 of Law No. 16 for the year 1960 regarding the enactment of Penal Code supplemented by its explanatory memorandum. Please present it to the respected National Council.
Best Regards,
Proposer  
Al Rashid Mokhallad

Kuwait
The Nation Council
Proposed bill
To amend the stipulation of Article 237
Law No. 16 for the year 1960 issued Penal Code
 

• After reading the Constitution,
• Reading Law No. 16 for the year 1960 A.D. regarding the enactment of the Penal Code and the laws amended thereto,
• Reading Law No. 17 for the year 1960 A.D regarding the enactment of Law of Penal Procedures and Trials,
• The Nation Council approved the following law and we have ratified it and enacted

Article 1:

The stipulation of both Clause 1 and Clause 2 of article 237 of the Law No. 16 for the year 1960, shall be replaced for the following stipulation:

A punishment of imprisonment, not exceeding three months with a fine not less than five hundred dinars and not exceeding one thousand dinars or one of either punishments, shall be served by a person who, with bad intentions, commits one of the following acts:

1- If the person issues a check that has no current and payable payment consideration on the date determined for withdrawal.

2- If the person regains, after issuing the check, all or some of the consideration and the remaining amount is not sufficient for its value on the withdrawal date.

3- If the person asks the drawee not to cash the check.

4- If the person deliberately issues or signs the check in such a way that prevents it from being cashed.

5- If the person endorses a check for others or submits a payable bearer check, knowing that the check does not have a sufficient consideration for the value thereof or that the check is not cashable. If the perpetrator repeated committing any of such crimes within five years as from the date he was sentenced, the punishment shall be an imprisonment period not less than six month and not exceeding three years and and fine not less than one thousand dinar and not exceeding three thousand dinars.

The court may exempt the perpetrator from punishment if he proved to have paid the amount of the check before the final judgement is issued. Whereas if he proved to have paid the amount of the check after the final ruling is issued, the court may suspend the enforcement of the judged punishment upon the request of the sentence or the representative thereof and in such case the punishment shall be considered as it has been enforced. The application shall be submitted to the court that has issued the ruling within three days as from the date of submitting the application.

Article 2:

Any stipulation in contradiction with the provisions of this Law shall be annulled.

Article 3:

The ministers, each in regards thereof, shall put the provisions of this law into force.

Emir of the State of Kuwait

Ahmad Al-Jaber Al-Sabah

Kuwait

The nation

Explanatory Memorandum

Proposed law

To amend the stipulation of Article 237

Law No. 16 for the year 1960 issued Penal Code

Penal Code was enacted including in Article 237 therein the stipulation of enforcing criminal punishment to the person who, with bad intentions, issues a check without balance or regains the balance after handing in the check to the beneficiary, deliberately issues the check or signs the same in such a way that prevents it from being cashed or endorses the check to others despite knowing that there is not payment consideration and the punishment shall be a severe one for the repeater.

Whereas the legislator's aim was not to minimize the use of checks but to spread their use as well as giving it some guarantees in confirmation of their values and importance in transactions as a mode of payment. However, practice proved that these guarantees can not achieve the aim of checks. It become clearly necessary to solve the problem of this shortcoming and that enforcing severe punishment and giving it the characteristics of  a felony is not in compliance with the widespread use of checks but it gives its use a quality of doubt and hesitation.

In addition, the checks were used out of their original purposes which purposes the legislator intended to achieve. The result is that others used these checks to cause harm to the drawer especially in cases of the multiplicity of checks about one subject that are submitted all at one time although it has been priorly agreed upon when issuing them that the maturity dates are subsequent.

These matters have become very apparent and obvious always due to malicious cases. Therefore, the legislator view that the provisions of the said article shall be amended by amending the final clause thereof in Law No. 3 for the year 1994 A.D. which makes the use of the check achieve his very aim by providing wider scale of opportunities to take their full rights and in encouragement of debtors to pay.  The legislator decided that the court may exempt the perpetrator from the punishment whenever the latter pays the amount of the check.

In completion of this contract in terms of guarantees and facilitations and solving the problem of checks abuse in purposes other than the ones they were issued for, the legislator view that the amendment shall include commuting the punishment from a felony to a misdemeanor. This is what was stipulated in Article 1 in this Law; the punishment became imprisonment for a period not more than three months and a fine not less than five hundred dinars and not exceeding one thousand dinars or either punishment.

The punishment become, in case of repeating the crime, a punishment term not less than three months and not exceeding three years and a fine not less than one thousand dinars and not exceeding three thousand dinars without taking account of the elements of the crime except if the date determined for cashing has been verified. The check must not be submitted for cashing except on such date; therefore, the legislation takes into account submitting the check before its maturity date in respect to the will of both parties when issuing and on such date only and not before that date the said incrimination provisions shall be applied.

Office of
Abdullah Met'eb Al-Aradah
Nation Council Member
Date: December 13th  1999
The Nation Council
Mr. Chairman of the Nation Council
Greetings,
Please add my name to the law proposal submitted by the Attorney / Mokhallad Al-Azmi regarding the addition of new aritcles to the Penal Code No. 16 for the year 1960.
Best Regards,

Attorney
Abdullah Khalid Met'eb  Al-Aradah