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. 47

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