Judicial principles and studies
Issuing a Cheque Without Funds and Lifting Criminal Protection under the Amended Penal Code (Law No. 10 of 2022)
Decision reference: تمييز جزاء هيئة خماسية/نقض بأمر خطي رقم (4248/2025).
The study examines the effect of Law No. 10 of 2022 on the offence of issuing a cheque without funds, focusing on non-retroactivity and the limits of applying the lex mitior principle.
Crime and penalties
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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The study examines the effect of Law No. 10 of 2022 on the offence of issuing a cheque without funds, focusing on non-retroactivity and the limits of applying the lex mitior principle.
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Subject
This study addresses how the amendment introduced by Law No. 10 of 2022 affects the offence of issuing a cheque without funds, focusing on the question of non-retroactivity for the lifting of criminal protection and the limits of applying the lex mitior rule. Legislative references: Article 5 and Article 421(1)(a) of Penal Code No. 27 of 2017, and paragraph (8) of Article 421 as amended by Law No. 10 of 2022.
Summary
The amendment establishes a temporal limitation that confines the scope of the lifting of criminal protection, so it does not apply to cheques issued before the amendment's entry into force. The lex mitior principle (Article 5) applies only where the new provision is absolute and unrestricted; it does not extend beyond the limits set by the legislator. A penal provision remains effective from its entry into force until it is expressly or implicitly repealed. Paragraph (8) of Article 421 restricted the lifting of criminal protection to cheques issued after three years from the law's entry into force, which took effect on 25/6/2025; cheques drawn before that date remain subject to the criminal rule in Article 421 of Penal Code No. 27 of 2017.
Practical significance
Practically, cheques issued prior to the amendment's entry into force are not covered by the protection‑lifting rule in paragraph (8), whereas cheques issued within the timeframe specified by the amendment may fall within its scope. These limits should be considered when assessing criminal liability related to cheques. Note: This content is an educational general summary and does not constitute judicial text or legal advice.
Frequently asked questions
Subject?
This study addresses how the amendment introduced by Law No. 10 of 2022 affects the offence of issuing a cheque without funds, focusing on the question of non-retroactivity for the lifting of criminal protection and the limits of applying the lex mitior rule. Legislative references: Article 5 and Article 421(1)(a) of Penal Code No. 27 of 2017, and paragraph (8) of Article 421 as amended by Law No. 10 of 2022.
Summary?
The amendment establishes a temporal limitation that confines the scope of the lifting of criminal protection, so it does not apply to cheques issued before the amendment's entry into force. The lex mitior principle (Article 5) applies only where the new provision is absolute and unrestricted; it does not extend beyond the limits set by the legislator. A penal provision remains effective from its entry into force until it is expressly or implicitly repealed. Paragraph (8) of Article 421 restricted the lifting of criminal protection to cheques issued after three years from the law's entry into force, which took effect on 25/6/2025; cheques drawn before that date remain subject to the criminal rule in Article 421 of Penal Code No. 27 of 2017.
Practical significance?
Practically, cheques issued prior to the amendment's entry into force are not covered by the protection‑lifting rule in paragraph (8), whereas cheques issued within the timeframe specified by the amendment may fall within its scope. These limits should be considered when assessing criminal liability related to cheques. Note: This content is an educational general summary and does not constitute judicial text or legal advice.
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