Minister defends amendment ending debtor’s prison for bad checks

Bad Cheques
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AMMAN — Minister of State for Legal Affairs Wafa Bani Mustafa stated Tuesday that imprisoning debtors does not result in repayments but adds significant cost to the state, according to Al-Mamlaka TV.اضافة اعلان

She added that the suspension of imprisoning issuers of fraudulent or bounced checks for three years is enough time to ensure that society is ready to deal with the implications of the amendment.

She stressed that refraining from imprisoning debtors does not mean the loss of civil rights.

Member of the Lower House Legal Committee Ghazi Thnaibat said that Jordan’s prison occupancy rate stands at 114 percent, 70 percent of whom owe less than JD5,000 in debt.

During a session on Tuesday, MPs approved the lifting of penal protection for checks issued three years after the provisions of the amended law came into force.

The lawmakers approved adding a paragraph to Article 421 of the Penal Code, which relates to the imposition of imprisonment and a fine on those who issue checks without balance. The new paragraph comes into force after three years.

The article was widely discussed, before the Lower House voted to approve it. The MPs approved the amendment in the form received from the government, which gives a period of three years to reorganize the market, and adapt to stopping the criminalization of persons issuing bad checks by stipulating that Article 421 of the Penal Code does not apply to checks issued three years after the effective date of the amendment.

In justifying the amendment, the legislator explained that by lifting the penal protection for checks, it will stop the issuing of post-dated checks, and instill the use of the check as a means of honoring debts rather than extending credit, and in a manner that shows the true volume of sales and purchases. The legislator pointed to the fact that issuing a check without balance is the most common financial crime in Jordanian courts that it takes a lot of time, effort and money.


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