CHECK OFFENSES IN CAMEROON AND CEMAC
Any person who, with the intention of infringing upon the rights of another, issues a check without sufficient funds is punishable by imprisonment for six (6) months to five (5) years and a fine of 100,000 to 2,000,000 CFA francs, or by one of these two penalties only.
The following are subject to the penalties provided for in Article 237 in the regulations:
- Any person who draws a check and, after issuance, withdraws all or part of the funds;
- Any person who draws a check on a closed account;
- Any person who draws a check in disregard of a banking or judicial prohibition that has been notified to them;
- Any person who forbids the drawee to pay a check, except in the following cases:
1. Loss;
2. Theft;
3. Fraudulent use of a check;
4. Counterfeiting or falsification of a check;
5. Initiation of insolvency proceedings or liquidation of assets against the payee.
- Any person who knowingly accepts a check without sufficient funds.
Is punishable by imprisonment for one (1) to ten (10) years and a fine of 100,000 to 10,000,000 CFA francs, or by one of these two penalties only:
- Any person who counterfeits or falsifies a check;
- Any person who knowingly uses or attempts to use a counterfeit or falsified check;
- Any person who knowingly accepts a counterfeit or falsified check.
The offense will be punished by imprisonment for six (6) months to five (5) years and a fine of 100,000 to 2,000,000 CFA francs, or by one of these penalties alone.
Any person who knowingly uses or attempts to use a lost or stolen check will be punished by imprisonment for six (6) months to five (5) years and a fine of 100,000 to 2,000,000 CFA francs.
The Court may impose on the perpetrator of any of the offenses referred to in Articles 237 to 240 of the law a judicial ban on issuing checks and using payment cards for a period of one (1) to five (5) years.
Attempting or being an accessory to the offenses referred to in Articles 237 to 240 of the law is punishable by the penalties provided for the principal offense.
OTHER OFFENCES RELATED TO MEANS OF PAYMENT IN CAMEROON AND CEMAC
The following are punishable under the penalties provided for in Article 239 of the law:
- Anyone who counterfeits or falsifies a payment card;
- Anyone who knowingly uses or attempts to use a counterfeit or falsified payment card;
- Anyone who knowingly accepts payment made with a counterfeit or falsified payment card.
In the cases provided for in Articles 239 and 243 of the regulation, counterfeit or falsified checks and cards are confiscated and destroyed. The confiscation of materials, machines, devices or instruments, computer programs, or data that have been used or are intended to be used in the manufacture of said items may also be ordered.
Any person who knowingly uses or attempts to use a lost or stolen payment card is liable to imprisonment for six (6) months to five (5) years and a fine of 100,000 to 2,000,000 CFA francs, or to one of these penalties alone.
Any holder who knowingly uses a check or payment card after reporting it lost or stolen is liable to the penalties stipulated in Article 239 of the law.
Anyone who continues to use a payment card despite a return order issued by the issuer is liable to the same penalties.
Any person who manufactures, acquires, possesses, transfers, offers, or makes available equipment or instruments, computer programs, or any data designed or specifically adapted to counterfeit or falsify means of payment is liable to the penalties stipulated in Article 239.
Attempting or being an accessory to the offenses defined in Articles 243 to 247 is punishable by the penalties prescribed for the principal offense.
All offenses referred to in Articles 238 to 247 are considered, for the purposes of recidivism, to be a single offense.