Abstract

This study examines the role of the Public Prosecution in cheque-related offences, focusing on two main stages. The first is the stage preceding the initiation of public proceedings, which involves receiving complaints relating to cheque offences and supervising the preliminary investigation. It should be noted that Law No. 71.24 relating to the Commercial Code introduced new amendments concerning the conditions governing prosecution and the grounds for justification in cheque offences. In addition, the role of the Public Prosecution is reflected in encouraging settlement and resolving disputes in order to limit pre-trial detention in cheque-related cases and to promote restorative justice. It is also worth noting that the Public Prosecution has discretionary power to take the appropriate decision regarding complaints relating to cheques, either by dismissing them or by initiating public proceedings. As for the stage following the initiation of public proceedings, the Public Prosecution becomes a principal party to the proceedings and undertakes the prosecution before the court, refers the accused, and prepares the case file. In addition, it submits applications and motions, discusses the means of evidence, and has the right to appeal judgments and to supervise their enforcement. Conversely, there are grounds that may result in the extinction of public proceedings or the suspension of their enforcement.

Keywords

Public Prosecution; Cheque Offences; Public Prosecution Proceedings; Guarantee Cheques; Issuance of a Cheque Without Sufficient Funds; Commercial Code; Payment of Cheques; Criminal Procedure.