regard, it would be pertinent and desirable to regulate how this offence is prosecuted and
require the prosecution service to go after perpetrators of these offences sua sponte.
5) Introduction of new criminal offences in Chapter XV
In view of the findings and suggestions of monitoring missions, it would be pertinent to
consider legislating new criminal offences to ensure more effective protection of voting
rights and enforcement of the pre-election media blackout, as well as by making it
an offence to place any sort of pressure on public-sector employees with regard
to voting.
Impact of prosecution and statistical overview
According to statistics released by the National Public Prosecutor’s Office for the period from
2016 to 2020, offences under Chapter XV of the Criminal Code are not common:
they are rarely prosecuted and there are few cases in which final court judgments
have been handed down.
About one hundred individuals face criminal charges
About 100 individuals face
every year for election-related offences. The sole
criminal charges every year for
exception was 2018, when this number was 188. Moreover,
election-related offences.
very few charges actually result in criminal
prosecutions and indictments, with most charges rejected by the prosecutors handling
the cases. Again, 2018 was an outlier, with significantly more indictments (38) than other years
in this reporting period. There have been negligibly few convictions, except in 2016. Given the
relative paucity of prosecutions for offences under Chapter XV, no particular impact on
general or specific deterrence or other purposes of punishment can be ascertained.
Outstanding
cases from
previous period
Persons
charged in
reporting
period
Total
outstanding
cases
Total
rejections
Total
indictments
Total
convictions
Total
acquittals
2016
62
78
140
37
8
8
2
2017
92
11
103
23
5
1
1
2018
107
181
288
134
28
1
2019
98
42
140
47
2020
85
124
209
64
Total
exonerations
Period
Table 4.1.2.5.1. Statistics of criminal offences under Chapter XV of the Criminal Code, 2016-2020
12
2
2
3
38