On the need to broaden the scope of criminalization of violations of freedom to vote (Article 250 of the Criminal Code) Cover Image

O potrzebie poszerzenia zakresu kryminalizacji naruszenia swobody głosowania (art. 250 k.k.)
On the need to broaden the scope of criminalization of violations of freedom to vote (Article 250 of the Criminal Code)

Author(s): Aleksandra Nowosad
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: elections;voting;fake news;Criminal Code

Summary/Abstract: The article contains an analysis of the statutory features of the offense of violating the freedom to vote under Article 250 of the Criminal Code and presents postulates de lege ferenda. De lege lata, it is only punishable to influence voters by using force, unlawful threat or by abusing a relationship of dependence. According to the author, the perpetrator‘s actions should have been supplemented with “deceit”. The proposed modification will ensure greater protection of the protected value specified in Article 250, including against the current forms of electoral manipulation, such as the provision of fake news or deep fakes using microtargeting of voters.

  • Issue Year: 79/2023
  • Issue No: 3
  • Page Range: 31-47
  • Page Count: 17
  • Language: Polish
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