The Criminal Liability of the Beneficiary for the Increasing Rates of the Offense of Issuing a Cheque without Sufficient Funds

Abstract

This paper argues that the beneficiary plays a major role in the increasing rates of the crime of issuing a cheque without sufficient funds. It contends that the problem lies not in the criminal provision itself, but rather in its application. The beneficiary’s conduct may be legally characterized either as participation in the crime or as moral coercion leading to its commission. In both cases, the beneficiary bears criminal responsibility for the offense.

Accordingly, the paper examines the behaviors of the beneficiary and the role they play as an accomplice or as a coercive party, in light of the general rules governing criminal participation and moral coercion. It further highlights the resulting erosion of trust in cheques as instruments equivalent to cash in fulfilling financial obligations.

The paper also argues that public prosecution authorities, the judiciary, and judicial officers may contribute to this issue due to flaws in application, often treating the beneficiary as a victim, whereas their conduct may fall within the scope of criminal liability under the general principles of criminal law. Addressing this misapplication would help restore confidence in cheques, which has significantly declined as a reliable instrument of payment