NCJ Number
28801
Journal
REVUE DE DROIT PENAL ET DE CRIMINOLOGIES Volume: 54 Issue: 2-3 Dated: (NOVEMBER-DECEMBER 1973) Pages: 89-101
Date Published
1973
Length
13 pages
Annotation
PRESENTATION OF THE PROVISIONS OF THE NEW BAD CHECK LAW AND DISCUSSION OF CONSEQUENCES IT WILL HAVE FOR OFFENDERS, HOLDERS OF BAD CHECKS, BANKING ESTABLISHMENTS, PUBLIC PROSECUTORS' OFFICES AND COURTS.
Abstract
THE NEW LAW WAS INTENDED TO REMEDY THE CRITICAL OVERLOADING OF THE COURTS AND PUBLIC PROSECUTORS' OFFICES WITH BAD CHECK CASES, ESPECIALLY IN THE BIG CITIES. THE NEED WAS SO URGENT THAT SOME PROVISIONS WERE PUT INTO EFFECT, TEMPORARILY, ALMOST A YEAR BEFORE THE BAD CHECK LAW IN ITS ENTIRETY WENT INTO FORCE. THE NEW LAW PRESENTS TWO ESSENTIAL INNOVATIONS. ONE IS THE IMPOSING OF FINES ON BAD CHECK OFFENDERS WHICH ARE TO BE PAID BY THE DRAWEES (BANKS OR SIMILAR ESTABLISHMENTS) AS INTERMEDIARIES. THE OTHER INNOVATION IS THE POWER GIVEN TO JUDGES TO IMPOSE A PROHIBITION AGAINST AN OFFENDER'S ISSUING ANY FURTHER CHECKS FOR A PERIOD OF FROM SIX MONTHS TO FIVE YEARS, AS A SUPPLEMENTARY PUNISHMENT. AN OFFENDER IS ALSO GIVEN A PERIOD OF TEN FULL DAYS AFTER A BAD CHECK IS PRESENTED FOR PAYMENT IN WHICH TO MAKE UP THE DEFICIENCY IN HIS ACCOUNT. THE LAW TRANSFORMS BAD CHECK OFFENSES INVOLVING LESS THAN 1,000 FRANCS INTO MINOR OFFENSES IF THE OFFENDER IS NOT LEGALLY CLASSIFIED AS A HABITUAL OFFENDER. THE NEW LAW ALSO INCLUDES PROVISIONS TENDING TO PROVIDE MORE RAPID AND EFFECTIVE COMPENSATION FOR VICTIMS OF BAD CHECK OFFENSES. --IN FRENCH SEE NCJ-32522 FOR ENGLISH TRANSLATION.