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[size=36]Disclosure of legal provisions regarding bribery and card purchase[/size]
political| 11:48 - 09/13/2021
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Baghdad - Mawazine News
The High Electoral Commission announced the details of its procedures to consolidate the electoral process, while two legal experts identified penalties for violators of the instructions and conditions of the upcoming parliamentary elections.
The Assistant Media Spokesperson for the Electoral Commission, Nibras Abu Souda, said, according to the official agency, that "there are electoral cards that are still being distributed by the registration centers, and there are mobile teams belonging to the registration centers and offices of the commission in the governorates," noting that "the biometric cards that were printed amount to about 17 million cards.
She added, "The damaged electoral cards are of two types: the first is the cards delivered by their owners when they receive the biometric cards during the stage of updating the electoral register during the period from 2/1/2021 to 15/4/2021, which are called electronic cards that do not contain a picture or Fingerprints, while the second type: cards belonging to the years 2013 and 2014 were not received by their owners and remained in the registration centers.
She explained that "the cards were destroyed in accordance with the decision of the Board of Commissioners, in the presence of the United Nations, representatives of the United Nations mission and the media, and under the direct supervision of the head of the electoral administration," stressing that "the delivered cards are required to be received by their owner by signature and fingerprint."
Abu Souda pointed out that "any manipulation or purchase of cards is a crime, as the Elections Law No. 9 criminalizes it and sets punitive measures up to imprisonment," noting that "the Commission worked with procedures through which the electoral card can be used so that it can only be used by its owners, because the voter A triple fingerprint is taken from him after presenting his biometric card and civil status identity or the unified card on the day of the poll, meaning that the electoral card must be presented with it, with a document to prove its belonging to the voter.
And she added, "The electoral cards will be disabled three days after the polling day, in addition to preventing the introduction of mobile phones into the polling stations to ensure that the voting is not filmed for those who are subjected to pressure or the like from the candidates," noting that "there are punitive measures for those who try to pressure on the voter, or influence his will, or give a bribe.
And she indicated that "in the event that there are cases of voter exploitation or pressure on them, there must be a complaint supported by evidence, because it is an electoral crime that requires punitive measures by the commission and the competent courts," noting that "there are 6 complaints received to the commission about distorting electoral propaganda or attempting to influence the elections." The will of the electorate, and all of this is currently being investigated."
And she went on to say: "Article 35 of the law prohibits assault and manipulation using the name of others or defamation of candidates, as the penalty is imprisonment for a period of not less than a month and not more than a year, and a fine of not less than one million and not more than 5 million dinars."
For his part, legal expert Tariq Harb said, "There are two rulings that determine a crime and the punishment for those who exploit the voter or buy electoral cards. The first is the ruling contained in the Elections Law No. 9 of 2020, which defines the penalty of imprisonment and a fine or one of these two penalties, and the second is a ruling contained in Penal Code No. 111 of 1969, the penalty is much more than the penalty stipulated in the election law.”
He added, "The second ruling may have a more severe penalty, such as the penalty for electoral bribery. Anyone who takes a sum for his election, his penalty in the election law is imprisonment for a year, while in the Penal Code it may reach 10 years in prison, and this is due to the court and the evidence and facts that occur in it. ".
As for the legal expert, Ali Al-Tamimi, "The new election law 9 of 2020 dealt with electoral propaganda starting from Article 22 to Article 37 with details and conditions, including that the date be set by a decision of the Commission and the places for propaganda, not to exploit the state's resources and buildings, and to prevent giving gifts, and its date ends before 24 hour of elections.
He pointed out that Articles 32 to 36 set corporal penalties and fines ranging from imprisonment for a year and a fine of 25 million dinars as a maximum, affecting even entities and even possible exclusion, stressing that the commission is intended to prevent sectarian animosity and to exclude every entity or person that promotes this so as not to affect the election date. On October 10.” And he
stressed “the need for these penalties, especially fines, to be enforced so that propaganda can be controlled.” Ended 29/A43
The Assistant Media Spokesperson for the Electoral Commission, Nibras Abu Souda, said, according to the official agency, that "there are electoral cards that are still being distributed by the registration centers, and there are mobile teams belonging to the registration centers and offices of the commission in the governorates," noting that "the biometric cards that were printed amount to about 17 million cards.
She added, "The damaged electoral cards are of two types: the first is the cards delivered by their owners when they receive the biometric cards during the stage of updating the electoral register during the period from 2/1/2021 to 15/4/2021, which are called electronic cards that do not contain a picture or Fingerprints, while the second type: cards belonging to the years 2013 and 2014 were not received by their owners and remained in the registration centers.
She explained that "the cards were destroyed in accordance with the decision of the Board of Commissioners, in the presence of the United Nations, representatives of the United Nations mission and the media, and under the direct supervision of the head of the electoral administration," stressing that "the delivered cards are required to be received by their owner by signature and fingerprint."
Abu Souda pointed out that "any manipulation or purchase of cards is a crime, as the Elections Law No. 9 criminalizes it and sets punitive measures up to imprisonment," noting that "the Commission worked with procedures through which the electoral card can be used so that it can only be used by its owners, because the voter A triple fingerprint is taken from him after presenting his biometric card and civil status identity or the unified card on the day of the poll, meaning that the electoral card must be presented with it, with a document to prove its belonging to the voter.
And she added, "The electoral cards will be disabled three days after the polling day, in addition to preventing the introduction of mobile phones into the polling stations to ensure that the voting is not filmed for those who are subjected to pressure or the like from the candidates," noting that "there are punitive measures for those who try to pressure on the voter, or influence his will, or give a bribe.
And she indicated that "in the event that there are cases of voter exploitation or pressure on them, there must be a complaint supported by evidence, because it is an electoral crime that requires punitive measures by the commission and the competent courts," noting that "there are 6 complaints received to the commission about distorting electoral propaganda or attempting to influence the elections." The will of the electorate, and all of this is currently being investigated."
And she went on to say: "Article 35 of the law prohibits assault and manipulation using the name of others or defamation of candidates, as the penalty is imprisonment for a period of not less than a month and not more than a year, and a fine of not less than one million and not more than 5 million dinars."
For his part, legal expert Tariq Harb said, "There are two rulings that determine a crime and the punishment for those who exploit the voter or buy electoral cards. The first is the ruling contained in the Elections Law No. 9 of 2020, which defines the penalty of imprisonment and a fine or one of these two penalties, and the second is a ruling contained in Penal Code No. 111 of 1969, the penalty is much more than the penalty stipulated in the election law.”
He added, "The second ruling may have a more severe penalty, such as the penalty for electoral bribery. Anyone who takes a sum for his election, his penalty in the election law is imprisonment for a year, while in the Penal Code it may reach 10 years in prison, and this is due to the court and the evidence and facts that occur in it. ".
As for the legal expert, Ali Al-Tamimi, "The new election law 9 of 2020 dealt with electoral propaganda starting from Article 22 to Article 37 with details and conditions, including that the date be set by a decision of the Commission and the places for propaganda, not to exploit the state's resources and buildings, and to prevent giving gifts, and its date ends before 24 hour of elections.
He pointed out that Articles 32 to 36 set corporal penalties and fines ranging from imprisonment for a year and a fine of 25 million dinars as a maximum, affecting even entities and even possible exclusion, stressing that the commission is intended to prevent sectarian animosity and to exclude every entity or person that promotes this so as not to affect the election date. On October 10.” And he
stressed “the need for these penalties, especially fines, to be enforced so that propaganda can be controlled.” Ended 29/A43
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