Is it criminally prosecuted for obstructing citizens from voting, running for election or voting when the State holds a referendum?
(Baonghean.vn) - I would like to ask if obstructing citizens from voting, running for office or voting when the State holds a referendum will be prosecuted criminally or not? This is the issue of concern of Mr. Tran Hoang Vinh (Do Luong district).
Reply: According to Article 160 of Chapter XV of the 2015 Penal Code and the Law amending and supplementing a number of articles of the 2017 Penal Code, the crime of violating citizens' rights to elect, run for election or vote when the State holds a referendum is defined as follows:
1. Anyone who deceives, bribes, coerces or uses other tricks to prevent citizens from exercising their right to vote, the right to stand for election or the right to vote when the State holds a referendum shall be subject to a warning, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 02 years:
a) Organized;
b) Abusing position and power;
c) Leading to the postponement of the election day, re-election or postponement of the referendum.
3. The offender may also be banned from holding certain positions from 01 to 05 years.
Accordingly, anyone who deceives, bribes, coerces or uses other tricks to prevent citizens from exercising their right to vote, the right to run for election or the right to vote when the State holds a referendum will be prosecuted for criminal liability.
The penalty is a warning, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year. In case of aggravating circumstances, the penalty is from 01 year to 02 years of imprisonment. In addition, the offender may also be banned from holding certain positions from 01 year to 05 years.
