أسئلة وأجوبة
How long is the prescription period for a financial crime, such as a bounced cheque?
Dear Sir/Madam,
How long is the prescription period for a financial crime, such as a bounced cheque?
I have heard that it’s ten years. Is this correct?
Thank you!
Dear Questioner,
Thank you for reaching out with your question regarding the prescription period for a financial crime, such as a bounced cheque, in Dubai.
In Dubai, the statute of limitations for financial crimes, including bounced cheques, is indeed 10 years. This means that legal action can be initiated within this period from the date of the crime. However, the specifics of your situation could affect how the law applies.
To provide you with detailed advice tailored to your case, I would be happy to discuss this further.
Please feel free to reach out to me via WhatsApp or phone at [-------].
Dear Questioner,
In the United Arab Emirates, the statute of limitations for bounced cheque offenses varies depending on the type of claim:
1. Criminal Case:
- 3 Years:
The criminal case for bounced cheque offenses expires after three years from the date of the offense, which is the date the cheque was issued. ([The Criminal Procedure Code])
2. Civil Case:
- One Year:
The claim of the cheque holder against the drawer, endorsers, and other parties liable for the payment of the cheque value lapses by prescription after one year from the date of its presentation for payment or from the date of the expiration of the presentation period. ([The Commercial Code])
- Six Months:
Claims of recourse by the holder against the endorsers, drawer, and other obligors lapse by prescription after six months calculated from the date of the expiration of the presentation period. ([The Commercial Code])
- Six Months:
Claims of recourse by different obligors for the payment of the cheque against each other lapse by prescription after six months calculated from the day the obligor paid or from the day the recourse claim was deducted. ([The Commercial Code])
* Notes:
- Interruption of Prescription:
The prescription period is interrupted in all cases by requests submitted to the court or any other competent authority, as well as by precautionary measures such as the attachment of the debtor's assets. ([The Criminal Procedure Code, and the Commercial Code])
- Application of Prescription Provisions:
The prescription provisions set forth in the Commercial Code apply to all cheques, whether issued within or outside the country. ([The Commercial Code])
For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [------].
Dear Questioner,
In the United Arab Emirates, the prescription period for financial crimes, including bounced cheques, can vary depending on the specific circumstances of the case and the applicable laws.
As of my last update, the prescription period for bounced cheque cases is generally set at 15 years from the date the cheque was dishonored.
However, it's important to note that laws and regulations can change, and there may be variations in the prescription periods based on factors such as the amount of the bounced cheque and the jurisdiction where the case is being pursued.
Therefore, if you are facing a legal situation involving a bounced cheque or any other financial crime, it's advisable to consult with a qualified legal professional in the UAE for the most accurate and up-to-date information relevant to your specific case.
They can provide you with tailored advice and guidance based on the particulars of your situation.