Legal protection for issuing a check without a balance in Iraqi legislation (a comparative study with Egyptian and Jordanian legislation)

Abstract

Abstract : The check is considered one of the most important commercial papers used as a means of payment, functioning as a substitute for cash in transactions. It is characterized by speed and security in circulation. However, the misuse of this instrument—especially the issuance of a check without sufficient funds—is regarded as a serious crime that negatively affects commercial credit and undermines trust in financial dealings. This research examines the legal protection provided against the crime of issuing a check without sufficient funds under Iraqi, Egyptian, and Jordanian laws, by analyzing the substantive and procedural aspects of the offense, the prescribed penalties, and the legislative differences among the three legal systems in addressing this criminal act. The study reveals a shared legislative tendency among the three jurisdictions to criminalize the issuance of checks without funds. Nonetheless, differences exist regarding the conditions for establishing the crime, methods of proof, and applicable penalties. While Iraqi law emphasizes the punitive aspect, Egyptian law leans towards conciliation and non-custodial alternatives, whereas Jordanian law has undergone significant amendments in recent years aimed at strengthening civil protection for the injured party.