CRIMINAL LIABILITY OF THE CHAIRMAN OF THE ELECTORAL OFFICE OF THE VOTE SECTION Cover Image

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 Iancu
Subject(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).

  • Issue Year: 73/2018
  • Issue No: 2
  • Page Range: 38-45
  • Page Count: 8
  • Language: English