Which types of election-related misconducts are regarded as criminal offences?
Greece
- Electoral fraud
- Incentive driven voter coercion
- Threat driven voter coercion
- Obstructing the electoral process
- Unlawful conduct of campaign financing
Presidential Decree No. 26 /2012 codifyingthe provisions on parliamentary elections:
Art. 112:
?1 Violenceor threats against elections in order to prevent them from voting or make themvote in favor or against a candidate.
Penalty: 3 months – 5 years imprisonment & suspension of civiland political rights for 1-5 years.
?2 Byproviding false news or slanderous rumors, or by other fraudulent means, deceivean elector in order to influence his/her vote.
Penalty: 10 days – 2 years imprisonment & fine equal to 2.93 euros.
Presidential Decree No. 26 /2012 Art. 113:
?1 Violatethe secrecy of voting
Penalty: 10 days – 2 years imprisonment
?2 Distortelection results by voting without being eligible, voting more than once, or byany other means.
Penalty: 3 months – 5 years imprisonment & suspension of civil andpolitical rights for 1-5 years.
If the offender committed these acts during the performance of his/herduties, the penalty shall be 1-5 years imprisonment & suspension of civiland political rights for 2-5 years.
Presidential Decree No. 26 /2012 Art. 114:
?1&2 Votebuying and vote selling
Penalty: 3 months – 3 years imprisonment & fine equal to 2.93-29.35euros & suspension of civil and political rights for 1-5 years.
?3 Promiseor make donations to a municipality or a charitable foundationfor electoral purposes.
Penalty: 3 months – 3 years imprisonment & suspension of civiland political rights for 1-3 years.
Presidential Decree No. 26 /2012 Art. 115:
Disruption of the polling
Penalty: 3 months – 2 years imprisonment
Presidential Decree No. 26 /2012 Art. 116:
Destruction of ballot box or other voting materials.
Penalty: 1 – 5 years imprisonment & suspension of civil andpolitical rights for 2-5 years.
Presidential Decree No. 26 /2012 Art. 117:
?1Unjustified abstention from voting.
Penalty: 1 month – 1 year imprisonment
?3 Assumethe identity of other person or use falsified documents in order to register orvote.
Penalty: 6 months – 5 years & suspension of civil and politicalrights for 2-5 years.
?4 (a) Alter aballot that has been cast by an elector.
(b) Publish or announce falselists of candidates in order to mislead the voters.
(c) Act in favor or against acandidate while being inside or around a polling station.
Penalty: 3 months – 3 years & suspension of civil and politicalrights for 1-3 years.
Presidential Decree No. 26 /2012 Art.118 :
Public servants not fulfilling their duties and responsibilities inrelation to the electoral process.
Penalties range from 3 months’ to 5 years’ imprisonment and suspensionof civil and political rights.
Presidential Decree No. 26 /2012 Art. 119:
Other electoral offences
Penalties range from 10 days’ to 3 years’ imprisonment and a fine.
Law 3023/2002, Article 7:
The person responsible within a political party who knowingly accepted acontribution or any other service from unauthorised sources is punishable withimprisonment up to two years and a fine of at least 30,000 Euros
Law3023/2002, Article 8
Any donor who exceeded the allowed amounts contributed to a politicalparty, coalition or candidate for election is punishable with imprisonment upto one year and a fine of at least 15,000 Euros
http://www.ypes.gr/UserFiles/f0ff9297-f516-40ff-a70e-eca84e2ec9b9/pd_26_2012.pdf
