Morocco Overhauls Check Regulation: Key Changes Ahead
Following Tunisia's lead, our Moroccan friends are revamping the regulation of checks. Several innovations will be introduced, primarily the decriminalization of checks without provisions between spouses. This act will no longer be a criminal offense and will instead be treated as a civil matter.
Similarly, if the beneficiary of an incriminated check uses it to pay someone else, the prosecution against the issuer will be definitively dropped. If the issuer is on the run, the arrest warrant issued against them will be canceled.
The introduction of electronic bracelets has been implemented. The issuer of a check without provisions will be granted a one-month grace period to settle the dispute. During this period, they will be fitted with an electronic bracelet by judicial decision. This deadline can be renewed only once.
The most significant change is that the arrest of a check issuer will only be possible above a certain amount. The threshold is yet to be determined and will be decided upon during ongoing discussions among stakeholders.
There is no precise public data on the number of detainees in Moroccan prisons due to the misuse of checks. However, there is a consensus that it is not insignificant. The envisioned modification aims to enhance the regulatory framework and reduce the volume of cases that pass through their hands annually.