Procedure Established by the Criminal Procedure Code, to Sanction Violation of the Check Law, Presented on 17/8-206

Abstract

Under current judicial structure, punishing violations of Law 2859 on checks requires following the Code of Criminal Procedure's private-action provisions. This procedural shift has created difficulties for those involved, to the point that many refuse checks as payment, endangering commerce. Banks and individuals commonly struggle with the requirements of check law and its enforcement procedure. Judicial actors broadly agree that the new criminal process has strengthened the security of this commercial instrument. Judges note that lawyers' limited command of the procedure often complicates and prolongs cases, partly because victims prioritize recovering their money over incurring legal costs. It is recommended that the Sánchez Ramírez Bar Association offer training on resolving check-law disputes, emphasizing lawyers' role, and that a tripartite committee of judicial, legal, and banking representatives be formed to disseminate information on check law enforcement under the Code of Criminal Procedure.

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