What Follow the Nullification of the Criminal Protection of the Check?

Symposium 4, Dated 25/01/2003

Unanimous opinion that the nullification of the criminal punishment has no impact on economy:

Ex-minister of planning Ali Al-Mousa confirmed that the commercial and economic and commercial movement in Kuwait will not be influenced if the long-awaited law is enacted, which law puts the check in its right position. He indicated that the criminal protection of the check has led to delaying the development of billing and settlement systems in Kuwait for long years whether for banks or their customers of traders and consumers and also led to delaying commercial establishments in developing new credit systems and modes.

Al-Mousa said in the symposium entitle " What Follows the Criminal protection of the Check?", which was organized by Kuwait Social Work Group the day before yesterday, that when the check lose criminal protection, traders will not miss a profitable deal if they acted as known for traders everywhere and in every age, by being careful for knowing with whom they deal, their competence and ability to pay before granting goods on account.

Al-Mousa added that keeping to the criminal protection of the check does not necessitate keeping the legal status of the check as was the legislator's original intention, but for another purpose that was not intended by the legislator and was not mentioned in any Sharia, legal or professional jurisprudence and this is after using the check as a mode of guarantee and thus as a mode of blackmail.

Al-Mousa mentioned that there are issues ignored by the claimers regarding keeping the present situation as it is despite the importance of manipulating it if the situation remains as it is. They have taken away with law and State's authorities for what they considered as a criminal crime, which is the non-payment of debt on the maturity date. If the issuance of the check without is a crime, why should the instigator not be an accomplice therein? This is the right capacity or description as people of law say to the bank and company that tempts the customer to sign a number of checks in guarantee of the installments of a debt, while this company or bank knows this customer does not have the required amount of money when signing the check. This is the saying followed by the Kingdom of Saudi Arabia regarding questioning anyone who accepts a check despite priorly knowing that it is without balance.

Ex-minister of Trade, Abdul Wahab Al-Wazzan said anybody who thinks nullifying punishment of the check will lead to the occurrence of disequilibrium in commercial movements is wrong. He indicated that the economic foundations make it necessary to attempt to develop modes of usage whether through banks or companies; he highlighted that the use of the check as a mode of guarantee and not  a mode of payment causes many people in Kuwait to be taken into prison without fault or guilt.

He mentioned that Kuwait annually bears not less than 40 million dinars as expenses for the persons involved in the cases of checks without balance. He asked about the reason why the State protects evil people despite its attempts to achieve the interests of some persons for financial values not exceeding five million dinars.

He demanded the gradual nullification of the criminal protection of the check within a year and half and assured that this is the only way for solving the problem on scientific bases instead of directing nullifying it.

In addition, the Chairman Board of K-Net Company, Entesar Al-Sweidi, reviewed the role of the modern modes of payment in minimizing the gravity of the check as a mode of payment for all the traders and stores whether inside or outside Kuwait.

She revealed that Kuwait has more than one million instant payment cards. She pointed out that the number of automated teller machines reached 6 thousand machines and 5 million withdraw transaction have been achieved  in the last five years at a value of 400 million dinars.

Moreover, the representative of Kuwait Social Work Group, Faysal Al-Masaud has indicated that the tendency towards nullifying the criminal protection of the check represents a leading legislative gravity and legal renaissance that will enable us to keep up with legal and economic changes in our contemporary world.