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CRIMES AND OFFENCES AGAINST ELECTORAL STATUTE REGULATING ELECTIONS TO DISTRICT OR COUNTY COUNCILS AND VOIVODESHIP PARLIAMENTS (Przestepstwa i wykroczenia przeciw wyborom w ordynacji wyborczej do rad gmin, rad powiatów i sejmików województw)

100%

Sobczak W.

Ius Novum

2009

issue 4

57-76

Penal regulations of the act of 16 July, 1998, Electoral statute regulating elections to district or county councils and voivodeship parliaments, are contained in part VII article 199 - 203 of the above mentioned act. Ten crimes and eight offences were classified there. It is worth mentioning here that the extensiveness of penal regulations contained in the act signifies an emerging tendency to criminalize elections law in recent years. During the analysis of penal regulations of the Electoral statute regulating elections to district or county councils and voivodeship parliaments, it becomes evident that there is a tendency to criminalize the behavior which is in conflict with the principles of the elections law. It is a rational and disciplinary phenomenon. However, it can also be observed that there is a lack of consistence in the casuistic attitude. It seems that it is high time the legislature, striving after the clarity and transparency of the legal system, gave up the criminalization of electoral behavior which is in conflict with law defined in the acts regulating the principles and the course of elections and decided to include the discussed regulations in the criminal code. The tendency to elaborate penal regulations which are not a part of a code does not seem to be appropriate, although it attracts the legislature as it seems to be simpler and easier to introduce potential changes in them.

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1 Ius Novum

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1 Sobczak W.

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CRIMES AND OFFENCES AGAINST ELECTORAL STATUTE REGULATING ELECTIONS TO DISTRICT OR COUNTY COUNCILS AND VOIVODESHIP PARLIAMENTS (Przestepstwa i wykroczenia przeciw wyborom w ordynacji wyborczej do rad gmin, rad powiatów i sejmików województw)