Offence of Issuance Cheques Without Sufficient Funds Between the Public Text in the Penal Code and the Private Text in the Commercial Code (In the Legislation of Yemen, Emirate, Egypt and Kuwait)

Abstract

All the laws are unanimous that issuing cheques without a sufficient fund to pay them is an illegal act or an offence punishable by law. Although the laws and legislations are unanimous that issuing cheques without a sufficient fund is an offence, some legislations deal with the provisions of this offence in the penal code while other legislations deal with them in the commercial code. However,

• Yemeni legislator has regulated the provisions of this offence in both Yemeni Penal Code (Article No. 311) and Yemeni Commercial Code (Article No. 805 & Article No. 809),


• Egyptian legislator dealt with the provisions of issuing cheques without a sufficient fund in Egyptian Penal Code (Article No. 337). And when the new Egyptian Commercial Code No. (17) was issued in 1999, the Egyptian legislator dealt with the provisions of this offence in the Egyptian Commercial Code (Article No. 534) after article 337 had repealed from the Egyptian Penal Code,


• Emirati legislator also dealt with the provisions ofissuing cheques without a sufficient fundin the first UAE Penal Code. Then he regulated the provisions of this offence by Federal Decree Law No. (14) of 2020, amending some provisions of the UAE Commercial Transactions Law No. (18) of 1993 after the articles 401, 402 and 403 had repealed from the (UAE) Penal Code No. (3) of 1987, and


• Kuwaiti legislator has regulated the provisions of issuing cheques without a sufficient fund in the Kuwaiti Penal Code (Article No. 16) of 1960 and has amended articles (237), (237 bis), (237 bis A) and (237 bis B).