الركن المادي لجريمة الشيك في القانن السوداني : دراسة مقارنة

Abstract

Abstract ' The material aspect of the cheque offences in the comparative law and Sudanesejurisprudence includes among other things. A historical background covering the period of l820 until the present time. In it, we have tackled the emergence of money as a Bill of Exchange similar to check or promissory notice asa common practice in the ancient Arabia and found out that, issuance of a cheque may constitute an offence under preteict penal codes provided for in the sharia law. ' ' This study deals first with the unifying element of the cheque as referred to in the codes of International convention on Unification of cheques in 1931 which influenced a number of Arab and European countries and second with offences related to the cheques in the French laws and laws of other Arab States. Nevertheless, in the course of the study, it was established that, despite parcel differences of some 1aws,. it is comparative that provisions thereof deem issuance of a cheque with no enough money in the account an offence right from the material element of it to the prescribed spontaneity. Furthermore, the material element of the offence with it’s attached logical and structural requisites, cases of bounced cheques for lack of liquidity to cover the specified amount, enough fund, the manner of issuance, suspension, postponing payment or otherwise addition thereof are also considered. We have hence concluded that, such issuance without satisfying -the necessary procedural securities or guarantees, is impossible and recommended the act of returning a cheque to drawer as a primary procedure of discovering the anticipated offence other than deciding it. The study that derived as it did from the material element of the cheque crimes established two main aspects as basis involved in its final analysis i.e. logical and structural. The following recommendations are therefore drawn:- . ' 1- That, the term (Saak) be logically changed to (cheque) and the expression (lack of account) ‘to (closed accounti. 2- That, there there is a necessity of considering the element of (a good reason) and level of relevance thereof to suit the penal codes. The study of the Bill of Exchange A'ct, 1917 for initiation of the necessary changes and developments that followed since the enactment of that law by the Sudanese Juries is to be taken into account as well.