A new draft law proposing amnesty for the issuance of unfunded checks has been submitted by 46 members of the Assembly of People’s Representatives (ARP), representing various parliamentary blocs.
This proposal was reviewed by the parliamentary bureau last Thursday and referred to the relevant committees for further examination.
The draft law proposes a general amnesty for the issuance of unfunded checks, provided the amount does not exceed 5,000 dinars.
This legislative initiative comes after the entry into force of Law No. 41 of 2024, which decriminalized the issuance of unfunded checks for amounts equal to or less than 5,000 dinars and modified the rules for legal proceedings.
Under the new law, judicial action can only be initiated upon request by the check’s beneficiary, rather than automatically. Legal action remains possible only if the check’s value exceeds 5,000 dinars.
In this context, the draft law proposes an amnesty for offenses related to unfunded checks below 5,000 dinars issued prior to February 2, 2025.
This measure addresses the rise in such cases before the implementation of the new legislation.
The amnesty would apply to individuals who issued checks below 5,000 dinars or whose payments were rejected before the specified date.
However, it does not affect the rights of the check’s beneficiary, nor the fees paid to banks or incurred during legal proceedings.
The proponents of the proposal explain in a supporting document that this initiative aligns with the spirit of the new check law, which decriminalizes all checks under 5,000 dinars, as stipulated in Article 411.
According to surveys, over 80% of unfunded check cases involve amounts below 5,000 dinars, highlighting that the majority of those affected are small business owners.
This legislative proposal is part of a broader reform process aimed at mitigating the negative impacts of the misuse of checks and granting amnesty for unfunded checks below 5,000 dinars, a threshold corresponding to the majority of cases recorded in courts.
The draft’s proponents highlighted several justifications for the initiative, including urgent economic and social needs driven by the national situation. They also emphasized the adverse effects of improper check usage and sought to alleviate the consequences of economic crises.
Furthermore, the proposal addresses challenges arising from the complexity of judicial procedures in courts, some jurisdictions’ refusal to apply statutes of limitations, and administrative hurdles. The amnesty aims to streamline these processes by providing a uniform legal framework.
Finally, the authors of the proposal argue that, given the unprecedented financial difficulties caused by economic crises, the amnesty could facilitate swift dispute resolution while enabling debtors’ reintegration into the economic system.
