Electoral offences and withdrawal of the right to stand as candidate for elections

Authors

  • Patricia Faraldo Cabana

Keywords:

Dlectoral crimes, loss or cancellation of the right to register as a candidate

Abstract

The Organic Law on the General Electoral System sets forth that if any electoral offence is committed the penalty of loss of the right to register as a candidate will be applied. Such a penalty involves the disqualification of exercising a basic right in any representative democracy. This paper analyses in detail the historical development that has led to the current regulations governing electoral law, the premises for applying the penalty, the contents, the manner of implementation, the duration and legal nature, as well as the consequences resulting from breaching the regulations, taking into account that in the 1995 Penal Code it is also the default accessory penalty that accompanies custodial sentences of less than ten years, which are the most common ones in our country, thereby resulting in a considerably high level of application.

Issue

Section

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