Article 142 of the criminal code. Falsification of election documents and referendum documents

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2019-07-13 09:20:26

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Mandatory, free, periodic elections and ballot referendums become constitutional elements of the modern state system in Russia. Their introduction to the system and subsequent implementation required an upgrade to legal safeguards. article 142 of the criminal code

Legal protection of the rights

This is provided for by the Criminal code. It includes special rules:

  1. Falsification of election results (article 142.1).
  2. Creating obstacles for the realization of citizens ' electoral rights or the work of the commissions (article 141).
  3. Violation of the order, under which financed the election campaign of the candidate, Association, bloc, initiative group and other parties (article 141.1).
  4. Falsification of election documents, referendum documents.

142 the criminal code falsification of election documents

Needless to say, the law is constantly changing. In this regard, are periodically made new subjective and objective characteristics in the compositions of the above-mentioned crimes. This suggests that the development of criminal provisions in the sphere of election law is caused not only by the needs of the investigative and judicial practices. Special effect and update legislation, regulations which govern the election procedure.

St. 142 of the criminal code of Russian Federation "Falsification of selective documents"

This rule covers a variety of acts. All of them are expressed in infringement of the civil right to participate in elections. Criminal liability arises if:

  1. The Ballot paper deliberately sabotaged with the aim to create obstacles to the definition of the expression.
  2. Provided incorrect information about the participants of the event.
  3. Incorrect Compiled a list of citizens wishing to Express their will. It is, in particular, on the inclusion in the list of persons not eligible to vote, fictional people.
  4. On the unrecorded forms to the number used.
  5. A Valid ballot with marks of citizens replaced by another filled otherwise.
  6. Intentionally destroyed taken into account and used forms.
  7. Wrongly counted votes.
  8. The protocols Signed by members of the Commission prior to the debriefing.
  9. Obviously untrue to the results of the event created documents.
  10. Illegally made changes to the protocols after the announcement of results.
  11. Deliberately misreported the results of the event. falsification of election documents and referendum documents

The offense also includes the forgery of signatures of voters or of members of the Commission.

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Punishment

For the above acts article 142 of the criminal code establishes the following sanctions:

  1. Imposing a penalty of 200-500 thousand rubles or equal to wages or another income within 1-3 years.
  2. Forced labour.
  3. Imprisonment.

The Last two punishments are appointed for a period up to 4 years.

Comments

Article 142 of the criminal code covers the crime of public danger of which is the infringement of civil right of the population to Express their will. As the direct object of unlawful conduct are relationships in which implementation of the specified features. Perpetrators violate the secrecy of voting, create obstacles to the establishment of voting results in accordance with the expressed will of the citizens. forgery of signatures

The Objective of

The instruments used are the ballot papers. These include the lists of citizens participating in the event, the certificate on the right to Express the will, forms to fill and so on. Article 142 of the criminal code establishes sanctions for active actions of the perpetrators. The offense is considered in its formal design. The act is considered completed from the moment of implementation of any actions listed in the disposition rule. Falsification is the documentation of false information or a complete reworking of papers and the production of new forms from already entered data do not correspond to reality. Such actions can significantly distort the real results of the activities.

Subjective part

Article 142 of the criminal code act in the presence of direct intent. The perpetrator must be aware of the illegality of their actions and want their Commission. The citizen understands the likelihood of adverse consequences and their public danger. The subject is a special person. They may be a member of the Commission, an authorized representative of the unit or enterprises, groups of voters, the candidate or his agent. ballot

Special circumstances

The Responsibility to comment on the rule occurs in the case of falsification of electoral documents or securities of the referendum made:

  1. Association.
  2. In connection with bribery.
  3. With the destruction of property or threat of damage.
  4. Coercion.
  5. With the use of violence or under threat of violence.

Crime also may result in a material breachrights and interests of organizations, citizens, society or state. This fact is also recognized as aggravating. In this case, the composition takes the formal-material design. Additional qualifying signs are the transportation and storage of illegally manufactured forms, ballots, absentee ballots.

Important point

For the prosecution on the rule needed to prove a causal link between the fraud and causing substantial harm to the interests and rights organizations, States, citizens and companies. The concept of "significant harm" in this case has a conditional character and is considered the evaluation criterion. To establish materiality, it is necessary to explore the subjective and objective factors and circumstances. Require careful interpretation, and concepts such as bribery, violence, coercion. As subjects of crime can be a physical person, sane and over the age of 16 who commits a wrongful act single-handedly or in partnership.


Article in other languages:

AR: https://tostpost.com/ar/the-law/18386-142.html

BE: https://tostpost.com/be/zakon/35209-artykul-142-kk-rf-fal-s-f-kacyya-vybarchyh-dakumenta-dakumenta-referen.html

DE: https://tostpost.com/de/das-gesetz/34881-artikel-142-des-strafgesetzbuches-f-lschung-von-ausw-hlenden-dokumente.html

ES: https://tostpost.com/es/la-ley/34734-el-art-culo-142-del-c-digo-penal-la-falsificaci-n-de-documentos-electo.html

HI: https://tostpost.com/hi/the-law/20051-142.html

JA: https://tostpost.com/ja/the-law/18062-142.html

KK: https://tostpost.com/kk/za/35503-142-bap-rf-k-b-rmalau-saylau-zhattaryn-referendum-zhattaryn.html

PL: https://tostpost.com/pl/prawo/36597-artyku-142-kodeksu-karnego-fa-szowanie-dokument-w-wyborczych-dokument-.html

PT: https://tostpost.com/pt/a-lei/36402-artigo-142-do-c-digo-penal-da-federa-o-russa-a-falsifica-o-de-document.html

TR: https://tostpost.com/tr/hukuk/31932-madde-142-ceza-kanunu-nun-tahrif-yoklama-belgeleri-belge-referandum.html

UK: https://tostpost.com/uk/zakon/35732-stattya-142-kk-rf-fal-sif-kac-ya-viborchih-dokument-v-dokument-v-refer.html

ZH: https://tostpost.com/zh/the-law/10055-142.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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