4. EDR mechanisms
(cont.)
Actors
Electoral
offence
Unlawful
or wrongful
campaign
financing
Electorate
Electoral
official
Party official
Party leader
or candidate
Public
servant
Making a false
declaration
on election
expenses
incurred
Illegally
supporting
a political
party or its
candidates
through
directing
subordinates
to campaign
during working
hours, or
illegally
earmarking
property
or funds to
provide such
support
Using funds
raised through
unlawful
activities
for political
campaigns
Illegally
earmarking
property
or funds to
provide support
Anyone
Making use
of funds
unlawfully
given by a
public servant
d) Authorities in charge of handling electoral crimes and offences
112. In the vast majority of countries, the criminal procedure for electoral
offences is the same as that for any other crime. It is up to the public
prosecutor or equivalent authority to investigate the possibility that a crime
has been committed, to identify the person most likely to be responsible and,
once this has been is done, to prosecute criminal charges before a judge with
jurisdiction over criminal matters. The criminal law judge, after a trial with
due process of law, imposes a punishment of imprisonment or a fine on the
person convicted of an offence, in some systems after a jury verdict.
113. Some countries have public prosecutors specialized in electoral matters
as part of the institution in charge of prosecuting crimes. In some cases, a
specific office is established in that institution. In Mexico, for example, the
Office of the Special Prosecutor for Electoral Crimes (Fiscalía Especializada
Para la Atención de Delitos Electorales) is part of the Office of the Attorney
General (Procuraduría General de la República). In Panama, the Office of
the General Prosecutor for Electoral Crimes (Físcalia General Electoral) is
an independent and autonomous public office in charge of prosecuting and
investigating electoral crimes or offences.
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