Problematic and current aspects regarding election offences. Preventing the exercise of electoral rights and corruption of voters

Abstract

Although the new Criminal Code introduced a new structure to all the election offences, problematic aspects can still be identified when it comes to the application and interpretation of the legal texts.

The present article is structured in two parts. In the first part, the study aims to analyse the regulation pattern, the main issues and problematic aspects regarding the offence of preventing the exercise of electoral rights. In the second part, the offence of corruption of voters is analysed in the same parameters. Where applicable, offences committed in relation to a referendum were also analysed.