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The street is waiting for the suspension of “Defense Order 28” and calls for the establishment of a national fund to support defaulters

Amman Today

publish date 2023-04-28 15:59:28

Amman – Raed Sbeih

Jordanian circles are in a state of anticipation for next Sunday, April 30, when the legal deadline approved by the Council of Ministers to postpone the “debtor’s imprisonment” provisions will expire, while the big question remains wide open: Will the work of Defense Order No. 28 be extended or suspended, and what will be the consequences of this? that.

The debates taking place today on the issue of the debtor’s imprisonment vary between the purely legal debate that throws the ball into the court of the Jordanian judiciary and its demand for tolerance in the implementation of the law and giving defaulters an opportunity for fair settlements away from serving sentences behind bars that absolutely tie their hands to the ability to pay, and other opinions that call on the government to assume its responsibilities as an authority. Executive, in cooperation with the House of Representatives, to find real solutions to confront the problem of defaulting by establishing a national fund that serves this issue, which has very serious economic and social repercussions.

Decision makers bear responsibility

In turn, the economist, Muhammad al-Bashir, confirmed that there is a real lack of response regarding the issue of “imprisonment of the debtor” by the decision-maker, whether the government or the parliament, and to expedite addressing this matter as an issue that affects the national economy and the social reality with its multiple effects, especially as we live in difficult economic conditions. It is expressed as the daily burden borne by the citizen, who is often forced to borrow in order to meet many needs related to the consumption basket, which starts from housing, food and clothing in addition to education, health and others.

Al-Bashir said in his statements to:compass“The consumption basket has become burdensome for citizens in light of the inflation that the country has been suffering from for a long time, and because of high prices and erosion of incomes on the one hand, and for reasons related to low income due to the large supply of work due to high unemployment and also the loss of many citizens of their jobs.

He stressed that continuing to deal with the lack of enforcement of the law with regard to imprisonment has become a real problem that could lead to more economic crisis, more demand for goods, further decline in production in the economy, and a further decline in achieving the required growth rates. Multiple social effects that affect families and citizens, increase crime, and other problems.

Muhammad al-Bashir: There is a major crisis for which the government bears responsibility. Will we pursue all these numbers of debtors in the courts after the law goes into effect?

A serious national stand to face stumbling

Al-Bashir called for a serious national stand in which all decision-makers, whether the government or the House of Representatives, participate to formulate a fund to address the issue of stumbling in general, and this fund’s real resources will be from the profits of companies and banks of various types, and it can be added to some bills such as the electricity or water bill. , or trust licenses or others at certain rates in order to protect the creditor and debtor parties, and there is compensation for those who deserve compensation, given that many default cases are related to economic reasons in general, and are not linked to a crime represented by evasion or fraud .. etc. These issues exist, but they are not reach the point of becoming visible.

And he warned of the danger of leaving matters to the enforcement of the law, especially when we are facing large numbers and there is a major crisis for which the government bears responsibility, wondering at the same time whether we will pursue all these debtors in order to enforce the law, this is a very difficult issue.

Also read: Extensive anticipation of the fate of the defense order related to the imprisonment of the debtor

Despite his apprehension, Al-Bashir added: But this matter could lead to debtors reaching real settlements, and it could make good people help those who owe modest numbers, and this will produce a case that we hope will be positive in defending the rights and conditions of people who suffer. Today, on more than one level.

The economist concluded his remarks to:compassBy inviting the decision makers to control the outrageous interest and the outrageous wealth, which reflected negatively on our society, saying: We see that non-bank debtors there are outrageous benefits and outrageous wealth, and there is tolerance by debtors of very large amounts. I personally, as a specialist in court experiences, discovered that there are benefits Staggering amounts of 20% and 25% in front of the urgent need that the citizen is exposed to in general.

Increases: The number of debtors in all execution departments is 158,000, 68% of whom have a debt of less than 5,000 dinars.

Minister of Justice: The amendment of the defense order related to the imprisonment of the debtor did not increase the cases of imprisonment

And the Minister of Justice, Ahmed Al-Zayadat, said on Wednesday that the number of debtors in all enforcement departments is 158,000, 68% of whom have debts less than 5,000 dinars, and 87% are less than 20,000.

He added, during a meeting of the Legal Committee to discuss the defense order related to the debtor’s imprisonment, that the amendment of the defense order related to the debtor’s imprisonment did not cause a significant increase in prison cases.

During the meeting, which was chaired by Parliament Speaker Ahmed Al-Safadi, the Parliamentary Legal Committee discussed the communications issued under Defense Order No. 28 of 2021, related to the debtor’s imprisonment, and the impact of their application on reform and rehabilitation centers.

Al-Zayadat indicated that there are 122 inmates in reform and rehabilitation centers due to financial issues and 32 inmates due to check issues, indicating that there has been no decision so far regarding the extension of the defense order related to the debtor’s imprisonment.

For his part, the Director of Correction and Rehabilitation Centers, Brigadier General Falah Al-Majali, said that the percentage of inmates in reform centers reached 163%, and this is a negative indicator that is reflected in the services provided to inmates.

The expiry of the debtor’s imprisonment decisions

According to “Al-Mamlaka Channel,” the work to postpone the implementation of decisions to imprison the debtor ends next Sunday, according to Defense Order No. (28), which Prime Minister Bishr Al-Khasawneh had extended at the end of last January until 4/30/2023.

The communication requires amending the (first) clause of the defense order, which stipulates postponing the implementation of the debtor’s imprisonment decisions issued under the Execution Law, provided that the amount does not exceed 100,000 dinars, to become 20,000 dinars, and amending the (second) clause of the same defense order related to stopping the implementation of penal provisions that impose a penalty. Imprisonment for crimes related to the issuance of a check that is not matched by a balance in cases where the total value of the checks does not exceed one hundred thousand dinars, so that the value has become twenty thousand dinars.

The head of the Parliamentary Legal Committee, Ghazi Al-Thunaibat, said that the meeting comes with the approaching end of the deadline approved by Prime Minister Bishr Al-Khasawneh to postpone the implementation of decisions to imprison the debtor until April 30.

He stressed that the committee’s position is balanced in a way that serves the interests of all parties, in addition to the application and rule of law.

Al-Thunaibat added that these notifications are a social and national matter of concern to all citizens, and that the defense order takes into account the public interests, stressing that the creditor turns into a debtor when he is unable to pay the debts.

Leave room for amicable settlement and settlements

In turn, the head of the Jordanian Bar Association, Yahya Abu Aboud, considered in statements to Al-Ghad newspaper that the defense order impedes the principle of the rule of law, and that strengthening the separation of powers requires its immediate cessation.

Abu Abboud said that holding meetings for some members of the House of Representatives with the Minister of Justice to view some data and statistics related to the recent defense law is a positive matter.

He emphasized that the recent amendment to Defense Order No. 28 is fit to be a starting point for a real discussion away from emotions regarding the defense order.

He added, “Our point of view as a bar association is that the current implementation law has objective and formal sufficiency, which guarantees the rights of the creditor and the rights of the debtor, but is even more biased towards the debtor.”

Abu Abboud pointed out that the defense order impedes the implementation of the enforcement law and the principle of the rule of law, and that strengthening the separation of powers requires the immediate cessation of the defense order and that its last extension be at the end of this month so that things return to their normal course.

And the Bar Association stated that the last amendment according to which the value of the amount considered as a title for imprisonment was modified from 100,000 to 20,000, and this reduction liberated “we have 33,000 cases.”

He said, “We have to leave room for the contractors to obtain settlements as an optimal solution, especially when the absolute arbitrary protection is lifted from the debtor and the absolute arbitrary protection is lifted from the creditor, and they are left to their financial options. Certainly, an amicable solution will be sought, and this is what happened during the past two months and 98% of the cases were dealt with.” settlement between the debtor and the creditor.


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Jordan News

Source : اخبار الاردن

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