Home > 2.9 Electoral offences and sanctions > REPUBLIC OF MOLDOVA – Opinion on Law no. 100/2025 containing a set of legislative amendments aiming to combat electoral corruption
 
 
 
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Paragraph 33
 

The Venice Commission recognises that the amendments introduced by Article II seek to ensure the protection of electoral integrity and the prevention of corruption and undue influence on voters, objectives that are compatible with the ECHR and fall within the State’s margin of appreciation in the electoral field. The reliance on criminal sanctions to deter conduct capable of influencing voters through illicit means generally reflects the understanding that electoral integrity requires effective and credible enforcement mechanisms. That said, it is crucial that the provisions be formulated with sufficient clarity and precision to allow individuals to foresee the consequences of their actions. In this respect, the Venice Commission recommends defining precisely the concept of “foreign organisations” which has been included in both Articles 1811 and 181³ of the Criminal Code. As regards proportionality, careful attention is required to ensure that sanctions are reserved for conduct involving a sufficient degree of intent, scale, or impact, and that the severity of penalties is calibrated to the gravity of the offence. The application of the provisions must ensure a clear distinction between unlawful inducements that interfere with voters’ freedom of choice and lawful political persuasion inherent in electoral competition.