Electoral offences after the entrance into force of the new criminal code

• Author: Camelia Maria Morareanu - Daniel Cretu
• Position: Faculty of Law and Administrative Sciences, Department of Law and Public Administration, University of Pitesti, Pitesti, Romania - Prosecutor's Office attached to the Costesti Court, Costesti, Romania
• Pages: 124-128

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 124-128

124

ELECTORAL OFFENCES AFTER THE ENTRANCE INTO FORCE OF THE NEW

CRIMINAL CODE

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C. M. Morreanu D. Creu

Camelia Maria Morreanu

Faculty of Law and Administrative Sciences, Department of Law and Public Administration

University of Pitesti, Pitesti, Romania

*Correspondence: Camelia Maria Morreanu, University of Pitesti, 1

st

Tg din Vale St., Piteti

Romania;

E-mail:

cameliamorareanu@yahoo.com

Daniel Creu

Prosecutor’s Office attached to the Costeti Court, Costeti, Romania

*Correspondence: Daniel Creu, Prosecutor’s Office attached to the Costeti Court,

1

st

Victoriei St., Costeti, Romania;

E-mail:

danielcretu2003@yahoo.com

Abstract

The entrance into force of t he new Criminal Code – name ly of the Law No 286/2009 –

on the 1

st

of February 2014 has brought a series of modif ications in the constitutive content of

the offences stated by the old Criminal Code, also introducing some new ones. Also, this new

legislative document took over a series of offences stated, until its entrance into force, by

many special laws, grouping them in its content. Under this scope was registered the

introduction in the new Cr iminal Code of the electoral offences – offences which until the 1

st

of February 2014 were stated by the special laws to which we shall refer in this paper.

Keywords: offence, criminal code, electorate, elections.

Introduction

The new Criminal Code (Law No 286/2009

1

) states in 7 articles of its Title 9 of the

special part, the electoral offences. Due to the fact that the offences stated by the new

Criminal Code were found, under the former legislation, in several special laws, the actual

transposition complies with the conception of the R omanian legislator to, first of a ll, group

them, institutionally, in the same legislative document, an organic law, and second of all, i n

his intent to remove the references to texts, which were by themselves offences, to others, also

offences, but which contributed to the firsts’ c onstitutive content, and third, to remove certain

discrepancies emphasized by jurisprudence and literature (mentioning here the offence of

corrupting the voters stated by Art 386 of the new Criminal Code - instant offence by

definition, to which the previous legislation sanctioned the attempt). Grouping the electoral

offences within the same title of the special part of the new Criminal Code was made

considering t heir j udicial object, given by the social relations protected by the law with the

occasion of different elections or referendums, whose result must reflect the public trust in

these procedures.

The analysis of electoral offences

According to the existent legislation under the empire of the old Criminal Code

2

, the

electoral offences were stated by special laws, namely the Law No 67/2004

3

for the election of

1

Published in the Official Gazette of Romania, Part 1, N o 510/24 July 2009.

2

Republished in the Official Gazette of Romania, Part 1, N o 65/16 April 1997.

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