Overview

Since the advent of Law no. 18-019 on payment systems and securities regulations, the offence of bounced cheques has undergone a major change insofar as the prosecution of this offence is no longer limited to establishing the material act alone, but the perpetrator is punished after having established his or her bad faith.Indeed, in the DRC, the offence of bounced cheques has been decriminalized in order to allow its prosecution to move out of the general criminal sphere and into the sphere of economic criminal law. As a result, the perpetrator of the NSF cheque offence has been given a number of advantages, enabling him or her to regularize the situation well in advance.However, a closer look at the contribution of the new legal regime governing the offence of bounced cheques reveals confusion between the payment order procedure set out in Act no. 18-019 on payment and securities settlement systems and that introduced under OHADA law.

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