Brief Summary of the Findings of the Study Conducted about the Constant Increase in the Cases of Checks without balance and its Negative Impacts on the Individual, Society and Economy
Allah the Almighty says:
"And if the debtor is in a hard time (has no money), then grant him time till its easy for him to repay, but if you remit it by way of charity, that is better for you if you did but know" (Al-Baqarah Sura (the Cow), Verse: 280)
Prophet Mohamed (Pbuh) says:
"He who wants to be under the shade of Allah on the day of judgement when there is no shade but that of Allah, he shall try to help the one who is in a hard time to get out of it or relieve him totally from this burden."
True was Prophet Mohamed (Pbuh)
Famous sayings by His Royal Highness, Prince of Kuwait:
"Kuwait needs stronger guarding from us, guarding that is not limited only to weapons, soldiers and watching the borders; it extends to every Kuwaiti self with awareness, alertness, caution and watchfulness."
Introduction:
Kuwait Social Work Group conducted a field and comprehensive survey study about the persons imprisoned in cases of checks without balance in the Public Prison (Talha Prison), Central Prison, Women Prison, numbered 467 imprisoned persons of whom 444 males at a ratio of 97.09% males and 24 female cases at a ratio of 2.01% out of the total number on whom the study was conducted.
This study was concerned with investigating the conditions of the imprisoned persons and their families and used two questionnaires for collecting information and those questionnaires were applied to the imprisoned person and their families through interviewing.
The time scope for conducting the study:
The study was conducted in the period from January 1st 2002 till the middle of February 2002. it included all the persons imprisoned in cases of checks without balance.
Spatial scope for conducting the study:
The study of the conditions of the imprisoned persons was conducted inside the Public Prison, Central Prison and Women Prison. Whereas for the conditions of the families of the persons imprisoned for such cases, it was conducted at the headquarters of Kuwait Social Work Group.
Study Findings:
First: Reasons related to the involved persons:
1- The study proved that Kuwaiti persons had the highest rates in issuing checks without balance and their total number reached 366 persons at a percentage of 78.21% of the total number of person imprisoned for such cases.
2- Kuwaitis who got married and divorced several times were the most persons involved in cases of checks because of the financial burdens they have incurred to cover the expenses of marriage and being exposed to financial crises.
3- The lower educational level the persons involved are, the more involved they get in such cases. Those who obtained mid-level education occupied the first rank, followed by those who obtained secondary education. Whereas those obtained university degrees occupied the third rank.
4- The majority of the persons involved in cases of checks were among those working in the governmental jobs and their number reached 301 persons at a percentage of 64.32. This is due to the fact that they do not have enough experience in commercial transactions and have limited monthly income which does not enable them to make commercial projects. Whereas for the involved persons working in domestic or private sector were the least one to get involved in such cases. Both get involved due to the misuse of check as a mode of guarantee and not as a mode of payment.
5- The study proved that the persons involved in cases of check, against whom judicial rulings of imprisonment have been issued, were exposed to be fired from work or resorted to early retirement or resignation as proved by the study. Also, the governmental sector was one of the biggest sectors which were exposed to losing national human cadres. As a result, this sector loses experiences that could have been benefited from in preparing the new cadres of young men and providing them with benefited experiences.
6- The study proved that 140 persons involved in the cases of checks lose the ability to strike the balance between the income they get and their expenses, which means that not setting an estimated family budget has contributed to the occurrence of this phenomenon.
7- The study proved that 102 of the persons involved at a percentage of 21.79% incur financial burdens exceeding their financial capabilities because of the insistence of children and their pressure on parents, affected therein by propaganda and commercials of several sorts.
8- The study proved the constant increase in the growth of the consumption tendency among the family members leads to the involvement of persons in such cases. A number of 78 persons have been influenced by such reason and at a percentage that reached 16.67% because they were easily influenced by the temptations of advertisements and its exciting methods and encouragement to buy in such a way that exceeds their financial potentials and motivating them with prizes to develop their tendency towards consumption.
9- The study proved that 81 persons at a percentage of 17.31% of the involved persons loaded their budgets with the burdens of installments of cars for a long period of time; these installments fatigued them and they resorted to cash their cars and sell them for very low prices, which led to increasing their financial crises.
10- The study proved that 97 persons at a percentage of 20.73 of the persons involved in cases of checks were involved in such cases due to the fact that they exaggerated in burying and repeated renewing their furniture for boasting and ostentation which led them to be hindered financially and misuse check as a mode of guarantee and not as a mode of payment, and as a result they violate the law.
11- 28 persons at a percentage of 5.98% (family providers) were involved in cases of checks mainly due to the fact that they responded to the demands and wishes of their children, represented in buying cars and accessories to satisfy their feeling of pride before their peer because of over-spoiling for them.
12- The study confirmed that 96 persons at a percentage of 20.51% were involved in such cases due to the above reasons. This confirms that a group of correlated factors have led to the involvement of those persons, which means that we can not interpret the reasons for their involvement in the framework of one factor. This assures that the problems and negative phenomena are organically correlated in terms of that the one problem affects other several problems and gets affected by them.
Second: Reasons related to the involved family providers:
1- The study proved that the majority of the involved persons have misused the check as a mode of guarantee and not as a mode of payment and that the beneficiaries exploited the legal protection that the checks have. The number of those who issued checks in such a way reached 350 persons and at a ratio of 74.79%, which led the beneficiaries from these checks to exploit the financial conditions of the involved persons to cause harm to them, despite knowing that these checks have no balance and confirms the bad intention of the beneficiary towards the check issuer. Hence, the check loses its credibility in facilitating transactions and repaying rights, making it be used out of its real function. This makes it necessary to reconsider the legislation and consider rationalizing its uses in such a way that does not cause harm to the seller or buyer.
2- The study proved that 227 of the persons imprisoned in cases of checks at a percentage of 48.50%, were exposed to repeated financial crises because of making losing deals and having no experience of the conditions of market, trade and money.
3- The study confirms that 199 persons at a percentage of 42.52% of those imprisoned got involved in losing deals because some market brokers surrounded them and tempted them with abundant profit in such a way that is contradictory to the status quo, which led them to issue checks for high usurious interests that do not suit the expected financial revenue.
4- The study proved that 86 persons at a percentage of 18.38% of those imprisoned were exposed to being the punishment of the check crimes because of their bad relationship with other merchants. This confirms that the check was not used appropriately as a mode of payment; rather, it was used as a mode of guarantee to cause harm to others. This also assures that it is necessary to consider the issue of incriminating the check to minimize the negative impacts of that incrimination.
5- The study confirmed that 83 persons at a percentage of 17.74 % have been subject to the stipulated punishment of the checks because they were easily cheated and because of their over good intentions; they did not expect harm from others or expect that others would let them down when they are exposed to financial crises. Therefore, they can not be considered professional criminals or belonging to the crime community but they fall under incidental criminals.
6- The study proved that 78 persons at a percentage of 16.67% have got involved in such cases because they withdrew checks for the benefit of third parties as per the intimate friendly relationships and as necessitated by the interests of transactions. This is also another image of the misuse of check as a mode of guarantee and not as a mode of payment.
7- The study proved that 63 persons at a percentage of 13.46% of those sentenced in the cases of checks were exposed to being fired from their work or their financial resources were cut off and they were unable to meet the needs of their families because of their imprisonment.
8- The study proved that 49 persons at a percentage of 10.47% of those sentenced in cases of checks have extravagantly spent money depending on the profits they expected to get, which profits were not estimated on a sound basis. They were exposed to being imprisoned because of their misevaluations and expectations.
9- 43 persons at a percentage of 9.19% of those sentenced were involved in such cases because of their love to show-off and achieve self-realization.
10- The study confirmed that 41 persons at a percentage of 8.76% have got involved in such cases because the family provider had the tendency to travel a lot whether alone or accompanying the family and this is a reason related to extravagance.
11- The study assured that 32 persons at a percentage of 6.84 of those imprisoned have borne financial burdens outdoing their ability to encounter the pressure of the illness of one of their family members and bearing the expenses of remedy. Therefore, they can not be considered professional criminals because those persons did not have the criminal intent in committing the check crimes described by law but their intent was purely humane as imposed by our religious values, human norms and traditions.
12- The study proved that 60 persons at a percentage of 12.82% of the total number of the persons sentenced in cases of checks, have been exposed to experiences of failure and frustration and their social rank has been threatened. They were exposed to self-maladjustment, social alienation, fear and anxiety because of serving imprisonment sentences. They resorted to drug taking, wine drinking or gambling in an attempt to achieve imaginary success experiences. This exacerbated their states; they escaped from a painful reality to a more painful reality. This assures us that the repercussions resulting from the check crimes constitute great gravity and result in more harmful social problems than the check crimes on the individual, his family and his society in general.
Third: Reasons related to friends:
The study proved that 155 persons at a percentage of 32.21% of those sentenced in the crimes o checks without balance, which is nearly a third of the number of the involved persons, have been greatly influenced by bad company who played a great role in getting them involved in such cases. This is because of the role played by friendly relations in forming the attitudes of individuals towards ostentation and showing-off. The negative effects of bad company were reflected on the involved persons because they lack social maturity and enough awareness that enables them to select their friends and differentiate between the good and bad company. Their relationships with bad company were reflected on their personal, family and social life with all the senses and harms the word "bad company" has, which leads to the misery of the involved person and the most closely-related ones to him.
Fourth: Reasons related to the conditions of market, trade and money:
1- The study proved that 234 persons at a percentage of 50% of those imprisoned for cases of checks were exposed to fraud, cheating and trickery in financial and commercial transactions, they made, through brokers and usurers who exploited their lack of experience in conditions of trade and money.
2- The study proved that 230 persons at a percentage of 49.15% of those sentenced ones have got involved in such cases because others did not pay for their financial commitments towards them. In addition, those persons did not appreciate the times of payment and issued checks for others on dates they can pay on. However, the beneficiaries misused these checks as a mode of payment and submitted them to the Public Prosecution depending on the date of issuing the check and not its maturity date. Therefore, they became criminals according to the stipulation of Article 237 of the Penal Code.
3- The study proved that 194 persons at a percentage of 41.45% of those sentenced in check cases were involved due to offers and facilities provided by the companies for buying in installment, which led the person, who suffer from financial crises, to buy from these companies in installment and cashing these goods and buying them for very low prices. This led them to more dangerous financial crises and made them in more friction with law for the punishment of the check crimes.
4- The study proved that 166 person at a percentage of 35.47% of those involved in such cases got involved mainly because they made projects without having enough financial liquidity to cover the expenses of these projects, their success or continuation; they resorted to borrowing money from usurers for very tremendous interest rates under the veils of issuing checks.
5- The study confirms that 166 persons at a percentage of 35.47% of those involved in such case got involved because they wrongly estimated the fluctuations of market whether up or down because they lack experience in organizing commercial projects.
6- The study confirmed that 159 persons at a percentage of 33.97% have got involved and imprisoned in cases of checks because they borrowed amounts of money the values of which have doubled because of their high usurious interest rates that projects can not cover.
7- The study assured that 143 person at a percentage of 30.56 of those imprisoned in such cases, were involved because of financial facilities granted by banks and financial institutions. This requires re-rationalizing these services and facilities to minimize the involvement of those persons in such cases.
8- The study proved that 142 person at a percentage of 30.34 of those imprisoned have been exposed to exaggeration in imposing financial penal conditions in case of their inability to pay, which led them to be unable to pay for their financial commitments.
9- 122 persons at a percentage of 26.07 of those imprisoned have been exposed to financial crises for reasons related to the fluctuations of market between stagnation and flourish.
10- 116 persons at a percentage of 24.79 of those imprisoned got involved mainly because they did not prepare economic feasibility studies before they implement their projects.
11- 110 persons at a percentage of 23.50% representing nearly a quarter of the involved ones have been exposed to double-dealing methods in transactions and were not able to estimate matters and their consequences in the proper way.
12- The study confirmed that there are other factors that led to the involvement of the imprisoned persons in such cases, including high rents of shops, offices, and competition, speculation and implementing projects not needed by the market. The study also confirms on the other hand that the previous factors combined have contributed in varying degrees to the occurrence of the phenomenon. This assures that one phenomenon or problem might contribute to several other problems within society.
Fifth: Reasons related to banks and financial facilities companies:
1- The study confirmed that 188 persons at a percentage of 40.17% of those sentenced ones have benefited from the facilities granted by car agencies and companies of selling appliances, sold them and cashed them for very low prices to pay for other financial commitments in such a way that leads to issuing new judicial rulings in their rights.
2- 187 persons at a percentage of 39.96% have borrowed sums of money in return for issuing checks for highly usurious interest rates that might be double the borrowed amount.
3- 152 persons at a percentage of 32.48 of those imprisoned ones have obtained loans from banks and did not succeed in managing such loans and facilities they obtained. Therefore, an information linking system shall be set among banks as financing sources in such a way that loans shall not be cashed several times for individuals or inappropriately cashed so as to keep the rights of banks and financial institutions from the one hand and protecting persons and their families against the harms resulting from issuing judicial imprisonment sentences that waste rights and cause harms to families with such negative effects.
4- The study proved that 109 persons at a percentage of 23.29% of the ones imprisoned have withdrawn checks as a mode of guarantee to submit joint guarantees for third parties in such a way that confirms the misuse of the check as a mode of guarantee and not as a mode of payment.
Sixth: Cases and issued rulings:
1- The study proved that the total number of rulings issued against persons in cases check have reached 4471 judicial rulings.
2- The terms of imprisonment rulings in each of the cases of checks range between one and three years.
3- The total number of imprisonment terms of 468 persons included by judicial rulings in cases of checks, have reached 85454 years of imprisonment, noting that the average imprisonment in such cases is one year.
Kuwait Social Work Group in brief lines:
· The Group comprises consultants, experts and researchers in several fields: social, psychological, legal, economical fields, work relations and performance evaluation.
· The Group plans for studies and researches in several fields that are related to the issues, problems and concerns of society.
· The Group designs questionnaires, research forms, explorations of opinion with the knowledge of experts and specialized people.
· The Group analyzes information, extracts findings of researches and studies and set plans for remedying all the problems posed before it.
· The group presents social and human initiatives in regards of negative social problems and phenomenon.
· Contributing to solving problems, supporting official efforts in regards thereof.
· The Group does not aim at achieving profits from these services because it works for serving society issues.
Bets Regards,
Kuwait Social Work Group, |