Published in Bulletin officiel (Official Gazette) No. 7478 of 29 January 2026, Law 71.24 amends the Commercial Code (Law 15.95) and profoundly changes how bounced cheques are handled. Prison is no longer the automatic response: payment becomes the priority at every stage. Both payees and drawers need new reflexes. Here is what the law provides, and how to act whether you hold an unpaid cheque or issued one.
A reform driven by the numbers
According to Bank Al-Maghrib, the central bank, about 30 million cheque payments were made in 2024, with 972,000 payment incidents. Between 2022 and mid-2025, more than 180,000 complaints were filed, 76,000 people were prosecuted and 58,000 were detained. These figures show the limits of a prison-based system: jailing the drawer does not, by itself, get the creditor paid. Law 71.24 turns the unpaid cheque into a mainly civil matter, keeping the criminal route for cases where payment does not follow.
A 30-day formal notice before any prosecution
Under new Article 325, prosecution may only begin after the public prosecutor, through a judicial police officer, serves the drawer with formal notice to fund the cheque within 30 days. This period may be extended, by an equal or longer period, with the payee's agreement. Judicial supervision, including an electronic tag, may replace pre-trial detention. Penalties are revised by Article 316: up to 3 years for failing to keep or provide funds or for an irregular stop, and up to 5 years for counterfeiting, falsification or knowingly using a forged cheque.
Payment ends the case, even after judgment
Payment or withdrawal of the complaint prevents prosecution or ends it. After a final judgment, it ends enforcement of the prison sentence and its effects. A settlement is irrevocable. A detained drawer is released upon payment and the search notice is cancelled. Rehabilitation may be requested once the fines are paid. The fine due when the case is extinguished drops to 2% of the cheque amount or of the unfunded portion, compared with at least 25% before.
Family and guarantee cheques: two major exceptions
Article 325 rules out the offence between spouses and between first-degree ascendants and descendants. According to Médias24, the exemption extends to former spouses for 4 years after the marriage ends. The creditor keeps the civil route to claim what is owed. A cheque given as a guarantee, that is, accepted without being cashed immediately, no longer leads to a prison sentence: only a fine of 2% of its value applies. Cheque offences also remain excluded from alternative sentences.
On the bank side: regularisation and electronic freezing
Article 314 waives the fine for an account holder who regularises within 3 months of the formal notice. Article 242 introduces remote electronic freezing of the cheque amount, on terms set by a Bank Al-Maghrib circular. For bills of exchange drawn on a bank, a booklet in a prescribed form is required, with checks on payment incidents and withdrawal of booklets.
Practical tips for payees and drawers
- Payee: keep the original cheque and the bank's refusal certificate, and favour a payment solution within the notice period.
- Payee: if the amount is deposited at the court registry without an amicable settlement, you can still claim damages before the civil judge.
- Drawer: payment, even late, ends prosecution or enforcement of the sentence; acting within the 30 days is better.
- In every case: the civil route remains open, including where the criminal route is closed (family, guarantee cheques).
Sources
- Observatoire national de la criminalité (Ministry of Justice): « Entrée en vigueur de la loi 71-24 modifiant et complétant la loi 15-95 formant code de commerce »
- Médias24, 3 February 2026: « Nouvelle loi sur le chèque : dépénalisation en famille, délais et fin de la prison automatique »
- Bulletin officiel No. 7478 of 29 January 2026: Dahir 1-26-03 of 22 January 2026
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.