حسن النية وسوء النية في جريمة سحب شيك دون رصيد | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 621-664 PDF (1017.87 K) | ||
| Author | ||
| قاضي متقاعد سالم روضان الموسوي | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The check is a commercial paper mentioned in Article (39) of the Iraqi Trade Law No. 30 of 1984, This importance called for protecting the check from fraud, as the law considered withdrawing the check without balance in the bank as a crime, on condition that the drawer of the check is of bad faith according to Article 459 of the Penal Code, but the Iraqi judiciary dealt with bad faith as it is assumed in that crime, and did not take in good faith, which led to economic instability. In this research paper, I tried to shed light on this topic, because the bad faith is mental element of the crime. But the Iraqi judiciary has ruled out the concept of good faith, with cases where a person gives a check in good faith without sufficient balance to fulfill it. so I tried to present the development of comparative penal laws and to make recommendations useful in dealing with this problem, hopefully it will be useful. | ||
| Keywords | ||
| bad faith; good faith; check; balance; crime | ||
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