The lawyer's civil and criminal responsibility in issuing checks from the perspective of Fiqh of Imamiyya and the code of issuing checks

The check is the most widely used commercial paper. For this reason, various amendments to the law on issuing checks have been adopted. One of the important issues in the field of check issuance is the power of attorney for issuing checks and the responsibility of the lawyer in the light of the code of issuing checks and its jurisprudential principles, which is the purpose of this study. 

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. 

The findings of the present study show that with Relying on jurisprudential principles, the nature of a check is not merely a means of payment, but a debt acknowledgment. This special nature of the check creates different and special effects for the check. 

In the code of issuing checks, the responsibility of the lawyer is a principle. If we consider the nature of the check as a debt acknowledgment, the lawyer must be aware of the subject of the confession in order for the client to make a confession. In the process of issuing a check, the subject of the confession is knowing the amount of the client's account funds. For this reason, if the check is not paid, the principle is that the lawyer has confessed without knowledge and information, in which case he has committed a Fault.