الملخص الإنجليزي
Abstract :
In order for elections to be free and fair under the democratic system, the voter must be in a situation that enables him/her to express his will freely and away from all sorts of effects that may affect the proper course of the electoral process or the manipulation of its results.
The issue of electoral crimes is considered to be both extremely important and critical at the same time, due to its attachment to how to exercise the right to vote and the selection of the representatives of people on all levels, therefore, the electoral process must be surrounded by legal guarantees that ensure preserving its integrity and freedom from unlawful acts.
Most electoral laws involve translated scripts of actions and omissions related to the electoral process in all its stages, in which it is prejudicing this process.
The study involved a comparison between legal texts that is incorporated within the Anglo-Saxon school represented by the Yemeni and Jordanian legislation, and between the Latin school represented by the Bahraini, Kuwaiti and Egyptian legislation. The study focused on electoral crimes that may happen either from voters or candidates in the preliminary stage of the electoral process, because of the dangerous results and consequences that may affect the voting stage in case not been deterred with required penalties.
The study subject was divided into three main chapters, preceded by apreliminary study entitled' The Essence of Election', this part involved the definition of, election the legal nature of the right to vote, added to that, the guarantees for the parliamentary elections.
The first chapter of the study included the crimes that happen on electoral schedules represented by restriction crime or omission against the law, the crime of multiple constraints in electoral schedules and the crime of embezzlement or the destruction of electoral tables, each crime has been addressed separately, the legal basis for criminalizing, the elements of crime, in addition to the provisions of criminal responsibility and punishment.
As for the second chapter of the thesis, it came under the title of crimes against the integrity of the nomination process, which discussed the legal bases of criminalizing, the elements of the crime and the provisions of criminal responsibility and punishment for each offense, breach of the terms and filtering controls, and the crime of multi-nominations in constituencies, and finally, the breach of the terms of crime and controls the by-election candidates. The third chapter involved crimes against the electoral campaign, the most important those crimes related to electoral advertising, In addition
to the electoral offense of bribery.
And finally the research involved some findings and recommendations that were resulted from the study of the thesis.
The most important findings that we have reached is that the voter's process in the electoral tables is a prior administrative process carried out by the administrative body and not a judicial process, because it is conducted according to the laws and regulations of each country, the crime of bribery of electoral crimes requires a special status in the perpetrators of the fact that the briber is a an electoral candidate. Article 25 of the Decree-Law No. (15) For the year 2002 on the Shura council and Representatives stated that the briber as an electoral candidates, while this is not applicable to voters. We have also discovered that the Arabic electoral legislation has neglected to criminalize the subsequent electoral bribery or what is known as subsequent electoral reward and it does not appear until the completion of the screening processes, voting and the announcement of the election results. The electoral legislation ignored any reference to excuses and extenuating circumstances regarding electoral crimes, this indicates the need to refer to the general provisions that appears in the penalty laws regarding them.
