K. Electoral offences, irregularities and violations of the electoral law 49. The electoral law should enumerate in a separate paragraph or article the categories of irregularities and infractions together with their possible consequences for the electoral process. A mere reference to violation of the law or the constitution should be avoided. 50. The electoral law should further specify the standards by which the impact of these irregularities or violations upon the electoral process should be determined. 51. Electoral offences which entail a criminal prosecution should be the subject of a separate chapter in the criminal code and preferably be referred to in the election law. Due attention should be given to the consistency of the provisions in the election law and in the criminal code and criminal procedural code so as to avoid any confusion over the legal consequences associated with them. L. Prosecution 52. Cases which give rise to criminal prosecution should be conducted through the venues and following the rules and standards prescribed in the law governing criminal proceedings. This does not preclude the determination by either the courts or the election commissions of the impact of alleged violations on the electoral process. 53. The laws should clearly set forth the standards for the institution of criminal proceedings in election-related cases. Specifically, the laws should indicate the standards to be used by prosecutors in deciding whether there is sufficient evidence to prosecute. These standards should be established by the election law and/or by criminal legislation. All laws and other legally binding statutes, which govern this particular issue, should be unambiguously cross-referenced so as to ensure uniformity and consistency. 54. The laws should provide for a clear delineation of prosecutorial discretion. In particular, the terminology used to define this discretion should be strictly determined by law. Where the law limits this discretion, the limitations should not be left unspecified. The grounds for not prosecuting an electoral offence should be clearly stated and not merely referred to as the interests of the state or society. The provisions which set out limitations on prosecutorial discretion should not conflict with other provisions. Finally, the law should provide standards for the exercise of prosecutorial discretion. 15