Figure 6.3. Penalties for election-related criminal offences
Penalties for fraud
(data for 164 countries)
Both fine and
imprisonment
Fine
Penalties for obstructing the electoral processes
(data for 166 countries)
137
19
10
Imprisonment
40
30
90
120
150
18
5
35
0
30
90
120
150
10
8
10
20
40
50
34
0
20
60
70
40
60
80
Both fine and
imprisonment
Fine
100
120
44
21
2
80
18
0
10
20
30
Notes: Columns represent the number of countries. Some countries have more than one type of penalties.
Graph represents the data in EJD as of August 2015.
Investigation of election-related criminal offences
Previous global reviews of EDR systems concluded that in the vast
majority of countries, the criminal procedure for electoral offences is
the same as that for any other crime (Orozco-Henríquez et al. 2010:
paras 112–14). However, this earlier research did not look into the
detail of the types of bodies in charge of investigating election-related
crime. This global research found that in the majority of countries,
public prosecutors and the police are in charge of investigating electionrelated crime, which largely confirms the results of the previous reviews
(Figure 6.4). In some countries, however, other entities investigate such
crimes. For instance, special investigators are in charge of investigating
election-related crime in 11 countries, such as the Special Prosecutor
for electoral crimes in Mexico and Nicaragua; and investigations are
carried out by the EMB in eight countries, three of which are in Latin
America (Bolivia, the Dominican Republic and Honduras) where the
Supreme Electoral Tribunal, which is the EMB, usually handles the
investigation of electoral crime. ‘Other’ entities include the local courts
in Chile, the Inspectorate of the Ministry of the Interior in Slovenia
and the Anti-Corruption Committee in Zambia. The research found
that legislation in 41 countries does not clearly specify which entity is
in charge of investigating election-related crime.
51
150
6
Other
30
120
110
Imprisonment
17
0
90
Penalties for unlawful conduct of campaign financing
(data for 72 countries)
73
Other
60
23
Other
60
Penalties for offences related to voter registration
(data for 90 countries)
Imprisonment
30
Both fine and
imprisonment
Fine
Imprisonment
Other
Both fine and
imprisonment
Fine
38
0
Penalties for threat driven voter coercion
(data for 141 countries)
133
Imprisonment
24
5
Other
60
Penalties for incentive driven voter coercion
(data for 157 countries)
Both fine and
imprisonment
Fine
134
Imprisonment
Other
0
Both fine and
imprisonment
Fine
40
50