Electoral crimes

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Election offenses are criminal offenses that are recorded in Section 107  et seq. Of the Criminal Code in Germany and are committed in connection with elections .

Purpose and scope

The provisions are intended to ensure that the elections run smoothly.

According to Section 108d of the Criminal Code, the threat of punishment does not extend to elections to the Bundestag , the state parliaments, the European Parliament , the municipal, district and referendums and primary elections in the social insurance sector, while elections to church or other bodies - such as the bar association - do not are recorded.

Individual facts

Due to electoral disability, according to Section 107 of the Criminal Code punishes whoever prevents or disrupts an election or the determination of its result by violence or threats with it. The rule protects elections and voting as a whole, as well as the establishment of their results.

The electoral fraud by § 107a of the Criminal Code is guilty who votes illegally or otherwise an incorrect election result causes by about destroyed completed ballots or falsified the election results, which is possible by counting manipulated. Anyone who incorrectly announces the result or lets it be announced is also a criminal offense.

Punishable is acc. Section 107b of the Criminal Code also includes the falsification of election documents, an offense that is met when the perpetrator has himself entered in the electoral roll in violation of the regulations, enters someone there who is not entitled to it, or prevents an authorized entry.

If voters are deceived about the content of their vote, this is according to Section 108a of the Criminal Code punished.

Individual evidence

  1. Wahldelikte , in: Creifelds, Rechtswörtbuch, Beck, Munich 1987, p. 1321
  2. § 107 StGB, electoral obstruction , in: Criminal Code and subsidiary laws, Dreher / Tröndle, Beck, Munich 1988, p. 691