OBSTRUCTION OF THE EXERCISE OF ELECTORAL RIGHTS

• Main Author: MIRCEA CONSTANTIN SINESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2012-05-01
• Series: Challenges of the Knowledge Society
• Subjects: elections; constitutional rights; obstruction; civil and political rights; democratic competition
• Online Access: http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_015.pdf

Throughout the present study, we analyze the crime of obstruction of the exercise of electoral rights, as it is presented in the New Criminal Code, in comparison with the current regulation within the specific election laws. Taking into consideration the fact that the election crimes have been inserted as a separate title (section) in the New Criminal Code, we need to highlight the vision of the legislator regarding these crimes. Furthermore, this study consists of a synthetic analysis of the constitutive elements of the mentioned crime, as reconfigured in the form provided by art.385 of the New Criminal Code. We consider that examining this crime is a necessity, because of the lack of Court decisions in this area of practice - probably due to the gaps in the legislation preceding the Criminal Code that is to be enforced in the near future.