On Thursday, October 9, the Council of Government approved Bill No. 71.24, amending and supplementing Law No. 15.95 related to the Commercial Code. The bill was presented by the Minister of Justice, Abdellatif Ouahbi. According to a statement from the government spokesperson, the bill aims to modernize the legal and legislative framework governing financial and commercial transactions, in line with the principles of criminal policy in the fields of finance and business. The persistent issue of issuing checks without sufficient funds has long posed economic and social challenges, particularly affecting investors and both parties involved, the drawer and the beneficiary. In a press briefing following the government council meeting, the Minister Delegate to the Head of Government in charge of Relations with Parliament and Government Spokesperson, Mustapha Baitas, stated that the bill seeks to restore confidence in checks as a reliable means of payment. He highlighted that, according to Bank Al-Maghrib data from 2024, there were 30 million check-based transactions, amounting to a total value of approximately 1,319 billion dirhams. During the same period, there were 972,232 cases of check payment refusals due to insufficient or non-existent funds, and 180,223 complaints were filed between 2022 and the end of June 2025. As a result, 76,936 individuals were prosecuted, including 58,710 currently in custody. The minister stressed that these figures reveal a serious structural issue in check-related transactions one that the government aims to address through criminal policy reform. He explained that the reform amends several articles, notably Article 316. Previously, in the event of payment default, cases were referred to court for adjudication, and offenders were subject to a fine equal to 25% of the check's value. Under the new reform, however, once the value of the check and a 2% fine are paid, the prosecution is permanently terminated. The minister also announced the introduction of a reconciliation mechanism applicable at all stages of legal proceedings, including during the execution of a sentence. Payment or withdrawal of a complaint will lead to non-initiation or dismissal of the case. The reform further provides for criminal exemption in cases involving spouses or ascendants.
