The fine for the crime of issuing a cheque without a balance between the ordinary and the relative in the Algerian legislation

Authors

Bassim chihab prof., Faculty of Law and Political Sciences Abdelhamid Ben Badis University (Algeria)Follow

Abstract

The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was arranged on it.

This research is a reading of the fine of the cheque in the past, present and future in the light of constants and variables, and its importance lies in changing the perception of the legal protection of the cheque, changing priorities and the introduction of new factors that made the punitive policy take different curves that do not resemble those that prevailed for a long time.

Everything that is attached to the fine for the cheque without a balance is due to the fact that it is not considered among the category of relative fines and is dealt with on this basis. It was considered an ordinary fine understood in a special way, and all this is outside the umbrella of the general rules of the Penal Code.

The researcher tried to give this financial penalty the correct and appropriate legal description. The cheque fine is an original penalty, and the purposes of its imposition must be understood that should be dealt with from a rational perspective. If the substance of the cheque is an amount of money, then the fine is to pay an amount of money as well.

Relying on the cheque and the balance to determine the amount of the fine is a formula that collides with many obstacles, And the amount of the cheque continues to attract legislators. We should go along with this trend, despite its flaws. Today and in the future, we need more effort to judge the feasibility of this exceptional approach.

Recommended Citation

chihab, Bassim prof. (2024) "The fine for the crime of issuing a cheque without a balance between the ordinary and the relative in the Algerian legislation," UAEU Law Journal: Vol. 2024: No. 98, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2024/iss98/1