his voting right or to vote for or against a particular
candidate or proposition, shall be punished by a
term of imprisonment of three months to three
years’ to ‘whoever by use of force, threat or by any
other unlawful means, coerces another in an
election, impeachment vote or referendum to
exercise or not to exercise his voting right or to
vote for or against a particular candidate or
proposition, shall be punished...’
Prosecutorial
Council
# 3 It is necessary to review the stipulated penalties
for both forms of the criminal offense referred to in
Article 155 of the Criminal Code (violation of the right
to vote) with a view to fight this crime, considering
the last amendments to the Criminal Code,
according to which the purpose of punishment is not
only general and special prevention, but also
achieving social condemnation and reinforcing the
obligation to punish.
Ministry of
Justice, the
prosecutor’s
office, State
Prosecutorial
Council
H
S
# 4 Consider reintroducing a criminal offense
providing for the punishment of the polling board
members to the criminal justice system, considering
the fact that they are the bodies for the conduct of
the elections and that the quality of election day
depends greatly on their role.
Ministry of
Justice, the
prosecutor’s
office, State
Prosecutorial
Council
M
M
# 5 Consider amending Article 146 of the Criminal
Code in the section on Unauthorized Collection of
Personal Data with an aim to protect the voter’s
freedom in the elections. Given the intensity of the
threat this criminal offense poses during the election
process, stricter sanctions should be imposed for
both forms of this criminal offense.
Ministry of
Justice, the
prosecutor’s
office, State
Prosecutorial
Council
M
M
# 6 Consider amending Article 153 of the Criminal
Code, which regulates the manner of prosecution
and review the introduction of ex officio prosecution
by the public prosecutor instead of the existing
solution that provides for prosecution of private
lawsuit for both forms of the criminal offense
referred to in Article 146.
Ministry of
Justice, the
prosecutor’s
office, State
Prosecutorial
Council
M
M
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85