Name, profession, and punishment… publishing data on those convicted of “beaten checks” establishes justice and deterrence.

In the courtroom, the defendant sat silently, while a case was being considered that did not begin with a usual commercial dispute, but rather with a small piece of paper bearing numbers that contradicted what was written in letters… a check drawn up in a way that closed its door in the bank and opened doors on it in the courts.

The accused was convicted of writing a check in bad faith, in a way that made it legally uncashable, and he was punished with a fine by the Penal Court, but an additional measure was added to the punishment, which is obliging him to publish a summary of the ruling issued against him in two widely circulated daily newspapers in Arabic and English, provided that the publication includes his name, place of residence, profession, and the penalty imposed on him, in addition to depriving him of obtaining new check books for a period of one year starting from the finality of the ruling.

Legal and economic experts said that many are not aware of the existence of this punitive measure, which provides an additional deterrent to those involved in cases of writing checks in bad faith, to protect the economic and banking system and enhance the rights of individuals.

They added that publishing the name, place of residence, and profession of the convict contributes to warning members of society against dealing with this person without obtaining adequate guarantees. It also establishes the principle of equality between everyone before the law, regardless of nationality, position, or any other considerations, which raises the levels of society’s confidence in the justice of the judicial system.

Banking expert, Dr. Awatif Al-Harmoudi, suggested listing the names of people involved in writing checks in bad faith on an approved official platform, such as the Central Bank’s website, that can be audited by beneficiaries before accepting checks to provide additional guarantees that protect them from tampering with this important tool.

In detail, courts in the country have obligated those convicted in cases of writing checks in bad faith to publish a summary of the rulings issued against them in widely circulated daily newspapers in both Arabic and English, provided that the publication includes the name of the convict, his place of residence, his profession, and the penalty imposed on him.

The cases monitored by Emirates Today included a penalty for a person who deliberately wrote a check incorrectly, as he wrote the amount written in numbers different from what was written in letters, which made it legally uncashable.

When the check holder went to the bank, he learned the truth, so he took the initiative to inform the police of the incident, and a criminal report was filed against the person writing it. He was convicted and punished with a fine. The court added a punitive measure, which was obliging him to publish the ruling issued against him in two widely circulated daily newspapers in Arabic and English, provided that the publication included his name, place of residence, profession, and the penalty imposed on him, in addition to depriving him of obtaining new check books for a period of one year, starting from the final date. Judgment.

The beneficiary of the check continued his litigation journey, reaching the civil court in Dubai, demanding the recovery of the amount owed to him in the value of the check, which exceeds two million dirhams, and the court ruled that for him, in addition to compensation worth 50 thousand dirhams.

Another person of Arab nationality was punished with a fine for writing a check in bad faith, as he knew when he issued it that it was impossible to cash it, given that the account was closed, or the entire balance had been withdrawn, or the account was frozen before submitting it. The same measure required publishing his name and information.

In the same context, the Dubai Misdemeanor Court convicted an Asian on charges of giving a check in bad faith, and punished him with a fine of 250,000 dirhams for what was assigned to him. It ordered the summary of the ruling to be published at the expense of the convict in two widely circulated daily newspapers in the country, one in Arabic and the other in English, or in two electronic publications, provided that the publication includes the name of the convict, his place of residence, his profession and the penalty. It also ordered the check book to be withdrawn from him. He was prohibited from being given new books for a period of one year, starting from the final ruling.

For her part, banking expert, Dr. Awatif Al-Harmoudi, told Emirates Al-Youm that in light of the legislative amendments to the check law, it was necessary to find alternatives to deter those involved in giving a check in bad faith to ensure that the strength of the check is preserved as a tool for payment.

She added that publishing the name of the convict in newspapers may be a deterrent to many from misusing the check, but she suggests an additional measure that is closer to a database that protects people who accept checks in the context of financial transactions, which is to include the name of non-compliant people or those involved in committing check crimes on an official platform that could be the website of the Central Bank, so that they can be used and the names can be checked before accepting any check.

She pointed out that the news only remains in the newspaper for one day, and many people may not notice it, but including the names on an approved platform would provide deterrence and protection at the same time.

Al-Harmoudi added that it is also necessary to set a specific ceiling for the amounts for which this punitive measure can be taken against their owners, such as the value of the check exceeding 100 thousand dirhams, for example.

For his part, the arbitrator and legal advisor, Muhammad Najib, said that the check represents great importance in commercial transactions, whether between companies, institutions or individuals, as a tool for payment in place of money, pointing out that the amendments that occurred in the Commercial Transactions Law regarding decriminalization of issuing a check without a balance initially raised some fears that it would lose its power as a tool for payment of debt, but it has been proven through application that it is consistent with economic and social requirements, and gives the check holder better options for collecting it and benefiting from it.

He added that under the current law, there is no longer a need to file a complaint or open a report with the police and take subsequent measures in the prosecution or the courts, as a check issued without a balance is considered an executive document whose value can be collected by resorting directly to the enforcement judge, in addition to another package of procedures that guarantee the right of the check holder.

The law also did not completely abolish criminalization, but limited it to specific cases linked to the existence of criminal intent and bad faith, such as fraud, fraud, forging checks, closing accounts, withdrawing the entire balance, or deliberately writing it in a way that prevents its disbursement.

Regarding the measure of publishing the name of the person convicted of writing a check in bad faith, and the punishment he received in the newspapers, Najib explained that this measure achieves specific deterrence for the accused, so that he does not repeat his act again, and general deterrence for anyone who tempts himself to commit this act.

He stated that according to the Civil Commercial Transactions Law, a person who does not comply with this measure or any other punitive measure, such as surrendering his check book within a period of 15 days from the date of being notified of the ruling, will be punished with a fine of not less than 50 thousand and not more than 100 thousand dirhams.

In turn, the lawyer and legal advisor, Omar Al-Awadhi, said that obliging defendants who gave checks in bad faith to publish a summary of the rulings in two widely circulated daily newspapers published in Arabic and English is one of the legal measures granted by the legislator to the court whenever it deems it to achieve a public interest or prevent the recurrence of the crime, and therefore this is not merely an additional punishment and does not aim to defame, but rather aims in general to achieve public and private deterrence, and aims to protect the economic system in the country.

He added that publishing the ruling in two local newspapers, Arabic and English, or via electronic means comes in line with the principle of public justice, enhancing transparency and educating society about the seriousness of such actions that affect trust in commercial and banking transactions between people. It also establishes the principle that everyone is equal before the law in the state, regardless of nationality, position, or any other considerations, and raises the levels of confidence of the local and international community in the justice of the judicial system.

Al-Awadhi stressed that this measure has a double deterrent effect. On the one hand, it sends a clear message to members of society about the necessity of respecting the laws and not using the check as a tool to pressure or deceive others. On the other hand, it is considered a deterrent to the convict, in a way that limits the recurrence of such violations in the future. He pointed out that such procedures and measures are consistent with the state’s trends in modernizing legislation and making it flexible in order to achieve financial and economic security, reduce crime levels, and enhance the confidence of customers inside and outside the country in the system. The Emirati judiciary that balances justice and transparency.

Publication of the ruling also contributes to enhancing legal awareness among the public, contributes to limiting the spread of these practices, and raises the level of legal culture in society. He confirms that justice in the UAE is transparent and does not tolerate any behavior or action that violates order and law.

As for the second measure, which is preventing the convict from obtaining check books for a year, he stated that it is a preventive measure aimed at reducing the misuse of checks, ensuring that the act is not repeated within a specific period of time, and combining financial punishment with complementary measures to achieve a balance between punishment and prevention.