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Rabat – Morocco’s Presidency of the Public Prosecutor has issued a new circular explaining major legal changes to the rules governing checks, following the adoption of Law No. 71.24 amending the Commercial Code. The law was published in the Official Gazette on January 29 and took effect immediately.
The circular was sent to senior prosecutors across the country, including those at the Court of Cassation, courts of appeal, and first-instance courts.
One of the key changes concerns criminal prosecution for issuing a check without sufficient funds. Under the new rules, prosecution can no longer begin automatically.
Article 325 of the Commercial Code now requires a formal warning to be sent to the check issuer before any criminal case is filed. This notice must be delivered by judicial police officers, following instructions from the public prosecutor, and gives the issuer 30 days to settle the situation.
The issuer may be placed under judicial supervision during this period, including measures such as electronic monitoring with an ankle bracelet. The 30-day deadline can be extended once, for another 30 days, if the beneficiary agrees.
The law also introduces a legal barrier to prosecution if the issuer pays the value of the check or if the beneficiary withdraws the complaint. In such cases, the issuer must also pay a fine equal to 2% of the check amount or the unpaid balance. Once the fine is paid to the court, the complaint is closed. If the issuer refuses to appear or cannot pay the fine, this must be officially recorded before criminal proceedings continue.
Another notable change concerns family-related checks. The law now states that there is “no crime and no punishment” if the unpaid check was issued between spouses, or between parents and children. This exemption also applies to former spouses for up to four years after divorce.
In terms of penalties, the law revises prison sentences and fines for several check-related offenses listed in Articles 316, 318, and 319 of the Commercial Code.
The circular also explains how reconciliation or withdrawal of a complaint can now lead to the dismissal of criminal charges or the suspension of sentence execution, even after a court ruling in some cases.
The Head of the Public Prosecutor urged prosecutors to apply these new rules seriously and carefully. While the new procedural requirements apply only to cases filed after January 29, defendants in ongoing cases may still benefit from the new protections, especially when they settle the debt or reach an agreement with the beneficiary.
