The Scope Of Suspending The Implementation Of Financial Penalty In The Crime Of Issuing A Cheque Without Sufficient Funds

Abstract

The Algerian legislator is keen on rationalizing the application of penal sanctions, aiming to rehabilitate the offender rather than merely deter them, so that their behavior aligns with societal norms and prevents recidivism.

Legislative policy extends to establishing a system for suspending the execution of the penalty when pronounced by the judiciary as a means of rationalizing its application. This system is subject to specific conditions, including consideration of the nature of the penalty subject to suspension.

The crime of issuing a cheque without sufficient funds is one of the crimes where the system of suspending the penalty prescribed by law may be applied. However, it is noted that in the judgments issued by many judges in Algeria, there is a discrepancy in determining the nature of the penalty prescribed for this crime to the extent that there is disagreement in accepting or rejecting the application of the suspension system to the offender committing this crime.