Autor: Cătălin Constantinescu-Mărunţel

Publicat în: Curierul Judiciar nr. 2/2021

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Study of electoral crimes as anti-systemic political crimes

Abstract: In this paper we intend to analyse the electoral crimes by means of a multidisciplinary exercise and to bring back in the foreground of the legal sciences a concept almost completely ignored by the post-Decembrist criminal law literature: the political crimes. In order to do so, we aim to divide the review into three succinct phases. We start by examining the notion of political crime, as it was understood both in the legal doctrine and by the legislator. In this section we are not citing only jurists, but also sociologists, anthropologists, historians and political scientists. We continue with a second section, where we take under consideration the electoral crimes to find if their only role is to protect some fundamental rights of the citizen or if they play a larger part. Once we clarified these aspects, we may pass to the third component of our argument and decide if the electoral crimes may be considered political antisystem crimes or not. The paper ends with a synthesis of the conclusions that we can extract from this exercise.

Keywords: electoral crimes; political crimes; criminal law; Criminal Code.