Latest news with #LawNo.2024-41
African Manager
26-03-2025
- Business
- African Manager
Bounced cheque amnesty: decision to be taken at ARP plenary session
ARP committee member Hichem Hosni revealed that the original draft law on bounced check amnesty would have only covered offenders who issued checks under 5,000 dinars (≈$1,600). Speaking on Express FM Tuesday, Hosni confirmed an amendment proposal now seeks to include all offenders regardless of amount, noting: 'The vote was split (4-4), so the plenary will decide.' It should be noted that in a joint session held on Monday at the Bardo Palace, the parliamentary committees for general legislation, internal regulations, parliamentary laws, electoral laws and the electoral function approved draft law no. 2025-08 concerning an amnesty for bounced cheques. Initially, the text provided for an amnesty limited to bounced cheques for an amount less than or equal to five thousand dinars, in accordance with Law No. 2024-41 of 2 August 2024. However, an amendment to Article 1 was proposed to extend the amnesty to all issuers of bounced cheques, with no limit on the amount. Supporters of this amendment argued that such a measure would help to reintegrate offenders into the economic circuit, facilitate the regularization of debts while protecting the rights of creditors through civil remedies, and reduce the backlog in the courts. On the other hand, some deputies considered the provisions of law 2024-41 to be sufficient, while others expressed reservations about the possible violation of the principle of equality between creditors and the risks for small and medium-sized enterprises. Following the debates, Articles 2 and 3 were maintained in their original form. The first article of the draft law was amended and the new version was finally adopted. More than 500 people behind bars Bounced cheques are a real problem in Tunisia. According to official figures published at the end of 2002, the situation is alarming: more than 500 people are believed to have been arrested for issuing bounced checks, and several thousand are believed to be wanted. The Central Bank of Tunisia recorded more than 400,000 bounced checks totaling 3.5 billion dinars in 2023 alone. The draft law amending the provisions of Article 411 of the Commercial Code on penalties for issuing bounced cheques has been officially adopted. The bill aims to reduce the penalties (criminal and financial) for issuing bounced cheques and provides for the possibility of replacing the prison sentence with an alternative penalty. It also criminalizes the acceptance of a guarantee cheque, establishes the principle of cumulation of sentences handed down in the same trial, revises the prison sentences handed down by different courts and extends the scope of the conciliation procedure to the enforcement phase.
African Manager
24-02-2025
- Business
- African Manager
Amnesty for bounced checks under scrutiny by MPs
The parliamentary committees on legislative affairs, electoral laws, and the electoral function of the Assembly of People's Representative (ARP) held a joint session on Friday to examine a proposed law regarding amnesty for the offense of issuing bounced checks. During the meeting, representatives from the Ministry of Justice were heard, expressing reservations about the proposal, particularly concerning the creation of two legal frameworks for the same situation. According to a parliamentary statement, the Ministry of Justice representatives explained that Law No. 2024-41, which amends and supplements certain provisions of the Commercial Code, was developed with a comprehensive approach aimed at safeguarding the interests of all parties and improving the integrity of financial transactions involving checks. They emphasized that granting amnesty for bounced checks with amounts less than or equal to 5,000 dinars would create legal inconsistencies and fail to adequately protect creditors' rights, contrary to the provisions of Decree No. 2022-10. During the meeting, several MPs argued that the proposed law could be enhanced by adding safeguards to protect creditors' rights while aligning with the objectives of Law No. 2024-41, such as improving the economic climate, combating inflation, and reducing the burden on the judicial system. Others suggested strengthening the role of promissory notes by granting them enforceable status, thereby reducing reliance on checks. The MPs also highlighted challenges in implementing Law No. 2024-41, criticizing the lack of commitment from banking institutions in enforcing certain provisions, such as setting differentiated limits for checkbooks or reducing interest rates on ongoing loans. They also condemned the failure of some notaries to adhere to fee regulations when drafting reconciliation agreements. Furthermore, the MPs stressed the need to harmonize judicial procedures, particularly regarding statutes of limitations, and to promote collaboration between the legislative, executive, and judicial branches to ensure the effective enforcement of laws. Introduced by 45 MPs from various parliamentary groups, this three-article proposal was referred to the relevant committees by the ARP bureau on February 13, with a request for urgent consideration. Bounced checks: 75% of detainees released It is worth recalling that Justice Minister Leila Jaffel confirmed during the plenary session held on November 22, 2024, at the Assembly of People's Representative—dedicated to discussing the ministry's mission for 2025—that the new law on checks will come into effect in February 2025. In this regard, Jaffel explained that judgments issued before this law are currently being processed, emphasizing that the initiative to resolve the situation must be taken by those who are incarcerated or those who have been sentenced in absentia but are currently free. She added that 75% of individuals imprisoned for bounced checks have submitted applications and been released, noting that the number of detainees for bounced checks was estimated at 542 as of August 2. The minister also revealed that, 111 individuals had been released, as of September 9, with an additional 406 released on November 4.
