Abuse of military authority
Abuse of military authority
Under Article 12 of the CRC, the prevention of the exercise of the right to vote under Article 332 of the CRC under Article 5 of the EB is realized through inaction: non-registration of the person in the voter registration list or obstruction of another person during the exercise of suffrage. EB, through Article 5, prohibits the use of special forces and structures during the campaign. These forces are allowed only with a written order from the Minister of Public Order and the Minister of Defense when these forces are needed to protect objects of particular importance, replacing employees of the State Police or compliance with international obligations.
It is not allowed to use army forces to guard election-related facilities. Army forces cannot conduct military exercises or maneuvers outside their wards or locations throughout the election campaign. In all types of elections, i.e., during the local elections or during the parliamentary elections, the use or participation of employees or structures of the state intelligence service is prohibited. An alternative punishment is provided for these intentional omissions of the acting voters: a fine or imprisonment of up to one year. Thus, the provision in question punishes the illegal act of using propaganda or orders against their subordinates, thus exploiting the post and duty entrusted by the state for private interests.
A criminal offense is said to have been committed by giving orders or advice or any other type of propaganda related to the exercise of the right to vote, according to the democratic system of elections. The subject who intentionally commits the criminal offense is the officer or military cadre, who abuses military authority to influence their subordinates’ voting.
Understanding of criminal offenses affecting free elections in the democratic system of the Italian Republic In the 1930s, when the Italian Penal Code was drafted, the founders considered the connection between the concept of justice and the criminal process – which, as we know, imposes a criminal sanction on the individual when he is proven to be the perpetrator of a criminal offense or perpetrator the legal good, protected by public norms, both civil and criminal. The latter, the criminal code, has dedicated a special section entitled “crimes against public order.”
With this part, the legislator punishes behaviors that may hinder or affect civil society’s functioning and livelihood. From this point of view, there is a broad concept of “public order” to which the Italian criminal code refers, meaning, on the one hand, all those activities that directly and immediately serve in the fair resolution of the legal issue, but and those that are indirectly or instrumentally related and that belong to the interest of the state and society.
The Italian legislator has regulated the exercise of the legal function in the rank of lawful criminal good. The classification criterion, used by Chapter V of the Italian Criminal Code, is essential in creating a particular criminal law. The main one is ensuring the state’s peace, provided by the third chapter of the CC that punishes criminal offenses.
Directly in the violation of respectively “state personality,” “state administration,” “justice administration,” in the second place “crimes against the person,” and finally closes with “crimes against property.” This division implies the functional subordination of civil society with state institutions and the economic-social relationship. Crime against public order constitutes the criminal law sector. The Italian penal code is a synthesized public mandate to protect against corruption or the danger posed to civil society.
The Italian legislator presents us with two meanings of “public order,” the material meaning and the ideal one. In the material concept, “public order” means public order, while the perfect public order is considered the general idea of the city convention’s principles. “Material” public order is the object of protection, while the “ideal” is the normative regulator of defense. So, we are dealing with a material concept which becomes an object of protection, for the very fact that every criminal offense, no matter how small, violates public order. At the same time, the ideal public order is the basis of the provisions of the criminal code of crime against the norms of a democratic civil society.
If we examine this chapter’s provisions, it is clear that the Italian legislator wanted to “produce” norms of a repressive nature against civil and primarily political crime. In the ideal concept, we have a set of principles guaranteed by the constitution, respected by the respective institutions, supporting citizens’ coexistence. So, by public order, we mean understanding and well-being of civil life to which collective opinion corresponds, which means peace and security.
It is about the benefits and legal guarantees of living, as a basis for the functioning of the democratic system, the observance of laws, especially criminal ones when they are put at risk by illegal behavior. Suppose we refer to how the Italian criminal code system is different from the Albanian one. In that case, it is not limited to defining only the theoretical side of criminal offenses in the democratic system. Still, a special place in the Italian criminal code occupies the practice and determines the process’s development. Illegal about the subjects who commit these criminal offenses.
The complaint in the Italian Electoral system
Against operations for the election of municipal, provincial and regional councilors, any citizen voter of the city, respectively of the province or region, or someone else who has a direct interest, may have a legal challenge before the Regional Administrative Court, with the appeal to be shall be deposited with the secretariat within thirty days from the date of publication of the minutes of the announcement of the elected. By decree at the end of the application itself, the President of the Court, within ten days after filing, fixed hearing of the cause in urgency, provides for the appointment of the rapporteur, and requests for evaluation is considered beneficial to determine the decision.
The appeal, together with the order of the hearing, to be admissible, must be notified within ten days by the person who brought the body that approved the contested measure that refers to the candidates for the elections and which is in dispute, however, that all parties are likely to be directly affected by the receipt of the complaint, within ten days from the date of communication by the secretariat of the presidential measure. The court verified the required notices’ fulfillment; the opposing office may be integrated towards other parts etched indirectly by any measure’s annulment. Announcements for individual lots may be made at the place of residence declared by them when submitting the list.
Within ten days of notification, the applicant must submit to the Registry of the Tribunal, including in digital form, a copy of the application attached to the presidential decree of the hearing, with evidence of service, together with acts and documents valid for the trial. , the matter which must be carried out immediately by the source body. Parties summoned to court may be deposited at their counter within fifteen days of receiving notice.
Their appeal must be notified within the same time limit, which must be received by the Court’s Registry within five days of the last notification. All of the above terms are mandatory and should be noted under the pain of confiscation. The Administrative Court, in the created session, after hearing the report of the rapporteur, after hearing the parties, if any, and the defense counsels are done, makes its award in a simplified form, the part solves the problem which is immediately read in public session by the President.
The decision will be delivered to the office within ten days of delivery. A copy must be transmitted immediately, even in digital form by the Registrar, the legal representatives of the local authorities involved in the appeal must provide, together with the receipt, to deliver advertising in the usual way for the works provided in the normative content of its competence as well as on institutional computer sites.
