CRIMINAL LIABILITY OF THE CHAIRMAN OF THE ELECTORAL OFFICE OF THE VOTE SECTION
CRIMINAL LIABILITY OF THE CHAIRMAN OF THE ELECTORAL OFFICE OF THE VOTE SECTION
Author(s): Alexandra IancuSubject(s): Politics / Political Sciences, Public Administration, Public Law
Published by: Editura Universităţii Petru Maior
Keywords: elections; contraventions; prevention of the exercise of electoral rights; fraud to vote; violation of the confidentiality of voting; falsification of electoral documents and records;
Summary/Abstract: Unlike the previous legislation on electoral contraventions, legislation that was not consolidated in one piece of legislation, but was, on the contrary, spread in several special laws (Law No. 67/2004, Law No. 33/2007, Law no. 3/2000, Law 35/2008 and Law 370/2004) from February 1, 2014, the electoral offenses are included only in the New Penal Code (NCP), in Title IX, art. 385, art. 392. The regrouping of electoral offenses into a distinct title of the New Criminal Code is based on several reasons, namely:• ensuring greater stability of these texts and eliminating existing regulatory parallelism in previous legislation;• eliminating uncorrelations or differences in regulation from different special laws,• a better systematization of criminalization in this matter, having regard to their legal object,• a more correct legal personalization.Therefore, according to the New Penal Code, the electoral contraventions are the following:• preventing the exercise of electoral rights (Article 385);• corruption of voters (article 386);• voting fraud (Article 387);• electronic voting fraud (Article 388);• violation of voting confidentiality (article 389);• non-observance of the ballot box regime (Article 390);• forgery of electoral documents and records (Article 391);• acts committed in connection with a referendum (Article 392).
Journal: Curentul Juridic
- Issue Year: 73/2018
- Issue No: 2
- Page Range: 38-45
- Page Count: 8
- Language: English