Home > 2.9 Electoral offences and sanctions > SAN MARINO - Other Provisions Introduced by Qualified Law 1, 11 May 2007
 
 
 
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Article 24
 

(Amendment of Art. 394, Criminal Code, “Infringement of the free exercise of the right to vote”)


 Article 394 of the Criminal Code is amended as follows:


"Anyone who, during State voting, uses violence, threat, deception, or offers or promises undue advantage, refunds or subsidies for travel or subsistence expenses, to induce a citizen to sign a declaration of submission of candidacy or a draft law or referendum or to abstain or not from voting or to vote or not for a specific candidate or symbol, shall be punished with third-degree imprisonment and fourth-degree disqualification from political rights. The same punishment shall apply to the citizen who accepts the undue advantage, refunds or subsidies referred to in the preceding paragraph, unless he or she makes a spontaneous and useful confession. Fourth-degree imprisonment and fourth-degree disqualification from political rights and public offices, increased in accordance with Article 93, shall be applied if the offence is committed by a person vested with public authority, by a public official or a clergyman, by abusing his/her powers and in the fulfilment of his/her functions.”