الحماية الجنائية الموضوعية لنزاهة الانتخابات في قانوني الانتخابات

Abstract EN

Since elections are the most widely used legal means to determine the legitimacy of competition to reach the authority that enjoys legitimacy, the exploitation of its legitimacy to acquire power violates the principle of participation in power, one of the most important pillars of the stability of the state, which was alerted by legislation and extended its protection to the entire electoral process, Establishing its own provisions in the Penal Code, including those specified in special laws as separate articles describing electoral crimes, which is what the Iraqi legislator followed in Articles (31-37) of the Law of Election of the House of Representatives No.

(45) Of 2013 and Articles (36-43).

Of the Governing Council Elections Act No.

(12) For the year 2018, which identified the images that are considered electoral crimes, as described in terms of describing the material and moral pillar of each picture and then the specific punishment for each.

It was found that there is a difference in the amount of punishment in the two laws from the same offense, as the law of the election of the House of Representatives did not provide for the law of the election of the provincial councils in depriving the political entity of the votes obtained in the electoral center in the case of committing some electoral crimes, which makes the demand to unify the provisions It is not a matter of logic, according to the re searcher.

Both laws have also appeared to be free from referral to other penal laws, especially the Penal Code, where they are not provided for, nor do they provide for many offenses that may be committed before, during or on the occasion of the electoral process, such as those inflicting on persons beating, harming or Killing, threatening or coercing voters, candidates, or those in charge of the electoral service in all its forms and those that fall on real estate funds, such as election centers or movable ones, such as funds and other movable funds that are monitored for the electoral process, etc.

There is a great deal on the electoral process and these crimes, although it can be said that the punitive provisions in the Penal Code are applied to them.

However, because of the seriousness of these crimes and the consequences they can lead to disrupting social peace and destroying the basic state structures, we must find special punitive remedies such as making acts that are intended to affect the process.

Elections are an aggravating circumstance for all crimes that can be conceived as adding an aggravating circumstance to Article (406) of the Iraqi Penal Code, which stipulates the aggravating circumstances in the murder by adding a text (for example, if the killing takes place to influence the elections) as well as adding it as one of the circumstances.

However, the researcher believes that the intent to influence the local and national general elections should be considered as a general aggravating circumstance in all crimes with the addition of a phrase (taking into account any harsher penalty in penal laws) to the texts of the election law to apply the most severe text.

If applicable to the criminal description or amendment of the Iraqi Penal Code and the addition of electoral crimes as a separate chapter with crimes against the internal security of the State, which can benefit from the provisions of the German and Russian Penal Code in addition to the crimes mentioned by the law on the exercise of political rights related to Egypt Subject, to ensure the effectiveness of the substantive criminal protection of the elections and make it more deterre nt.