Home > 2.9 Electoral offences and sanctions > HAITI - Opinion on the draft referendum decree
 
 
 
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Section 59.
 

In a normal situation, the establishment of criminal sanctions by decree-laws issued by the executive would raise problems of legality unless there was a clear basis in the law in the formal sense. In the specific context of Haiti, the principle of necessity could justify certain criminal sanctions linked to the precarious security situation, which are not adequately regulated in the general criminal code. However, the draft decree goes further and imposes criminal sanctions with a potential prison sentence for the sale and consumption of alcohol (Article 104) and the organisation of or participation in public demonstrations during the vote (Article 110). Representatives of the Provisional Electoral Council informed the Commission, however, that the decree does not introduce any offences or penalties not provided for in the formal legislation.36