Official enforcement of Morocco’s new cheque law

A reformed legal framework for cheques

Morocco’s new cheque law has officially entered into force, marking a significant shift in the country’s approach to cheque-related offences. The reform seeks to modernize the legal framework governing financial transactions while reducing reliance on custodial sentences.

Shorter prison sentences

One of the most notable changes is the reduction of prison terms. Sentences for cheque offences now range from six months to three years, compared to the previous scale of one to five years, reflecting a move toward less punitive sanctions.

Decriminalisation within the family

The new law removes the criminal nature of cheques issued without sufficient funds between spouses, as well as between parents and children. In such cases, disputes are handled exclusively through civil proceedings for debt recovery.

Payment ends criminal prosecution

Payment of the cheque amount now results in the definitive termination of criminal proceedings. Detainees are released immediately, and arrest warrants are lifted, even when a final court judgment has already been issued.

Grace period before arrest

Under the new provisions, the issuer of a cheque is no longer arrested immediately after a complaint is filed. A one-month grace period is granted to regularise the situation, potentially extended by an additional month, with electronic monitoring used to prevent absconding.

Reduced financial penalties

If payment is made after a complaint, the applicable fine is reduced to just 2% of the cheque’s value, down from 25%. This significant reduction aims to promote faster settlements.

No alternative sentences

Despite these easing measures, cheque-related offences remain excluded from alternative sentencing schemes, underlining the continued seriousness of such violations.

Overall, the new law represents a strategic shift toward balancing financial discipline with social and judicial efficiency.