Violation of the Vote’s Confidentiality in the New Penal Code, with Reference to Current Regulation Cover Image
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Violarea confidenţialităţii votului în Noul Cod penal, cu referire la reglementările actuale
Violation of the Vote’s Confidentiality in the New Penal Code, with Reference to Current Regulation

Author(s): Teodor Manea
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: incrimination of the violation; vote confidentiality; secundary passive subject of the violation; New Penal Code

Summary/Abstract: Through the incrimination of the violation, the law maker wanted to ensure the protection of one of the most important warranties of the right to vote, namely its privacy. Only in these conditions the expressed choises can truly be free and according to every person’s private beliefs, which is the aim of every electoral process and the foundation of a democratic system. Precisely for this reason it is necessary we pay a certain attention to the secundary passive subject of the violation, which is the person whose vote is unveiled. Also, in the context of the New Penal Code regulations, this violation cannot be commited in continuous form and will only exceptionally appear in repeated form. This violation is also present in the current regulation, being found in all the laws regarding different types of electoral processes.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 214-217
  • Page Count: 4
  • Language: Romanian