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Obstruction of an election
, Section 107 of the Criminal Code
• Whoever, by force or threat of force, obstructs or disturbs an
election or the determination of its results, shall be punished with imprisonment for not more than
five years or a fine, in particularly serious cases with imprisonment for not less than one
year.
• An attempt shall be punishable.
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Election fraud
, Section 107a of the Criminal Code
• Whoever votes without being entitled thereto or otherwise
causes an incorrect election result or falsifies the result, shall be punished with imprisonment
for not more than five years or a fine.
• Whoever incorrectly announces an election result or causes it to be
incorrectly announced, shall be similarly punished.
• An attempt shall be punishable.
– Falsification of election papers , Section 107b of the Criminal Code
Whoever:
• secures his registration in the voter rolls (election register) by means
of false statements;
• registers another as a voter, whom he knows has no right to be
registered;
• prevents the registration of an eligible voter though he knows of his
eligibility to vote;
• permits himself to be nominated as a candidate in an election, although
he is ineligible,
shall be punished with imprisonment for not more than six months or a fine of not more than
one hundred eighty daily rates if the act is not subject to more severe punishment under other
provisions.
• The issuance of election papers for direct elections in the social
security system shall be equivalent to registration in the voter rolls as a voter.
– Violation of the secrecy of elections, Section 107c
of the Criminal Code
• Whoever contravenes a provision which serves to protect
the secrecy of elections with the intent of obtaining for himself or another knowledge as to how
someone voted, shall be punished with imprisonment for not more than two years or a fine.
–
Coercion of voters
, Section 108 of the Criminal Code
• Whoever unlawfully, by force, threat of appreciable harm,
abuse of a professional or financial relation of dependence or other financial pressure, coerces
another into, or prevents him from voting or exercising his right to vote in a particular manner,
shall be punished with imprisonment for not more than five years or a fine, in particularly serious
cases with imprisonment from one year to ten years.
• An attempt shall be punishable.
–
Deception of voters
, Section 108a of the Criminal Code
• Whoever through deception causes another to be mistaken as to the
content of his declaration upon casting his vote or to vote against his will or invalidly, shall be
punished with imprisonment for not more than two years or a fine.
• An attempt is punishable.
– Bribery of voters
, Section 108b of the Criminal Code
• Whoever offers, promises or furnishes another gifts or other
benefits for not voting or for voting in a particular manner, shall be punished with imprisonment
for not more than five years or a fine.
• Whoever requests, is promised or accepts gifts or other benefits in
exchange for not voting or voting in a particular manner, shall be similarly punished.
– Collateral consequences
, Section 108c of the Criminal Code
• Collateral to imprisonment of at least six months for a crime
pursuant to Sections 107, 107a, 108 and 108b, the court may deprive the person of the capacity to
attain public electoral rights, and the right to elect or vote in public matters (Section 45
subsections (2) and (5)).
