Penalties between 5 and 12 years in prison, and million-dollar fines ranging from 50 to 1,200 current monthly legal minimum wages, can be paid by those who commit electoral crimes in Colombia.
(Restrictions and other measures for the elections this Sunday).
This is established by the National Electoral Council (CNE), which defines the infractions and sanctions for those who incur in one of these serious offenses.
Citizens who want to report these crimes can do so through the CNE channels, on the web portal www.cne.gov.coto the email [email protected], or to the PBX 2200800.
Next, we tell you what electoral crimes are and what those who commit them are exposed to:
DISTURBANCE OF THE DEMOCRATIC CONTEST
This criminal type was modified in Law 1864 of 2017. There it is established that: “whoever, by means of a deceitful maneuver, disturbs or prevents public voting related to the mechanisms of democratic participation, or the scrutiny of the same, or the carrying out of a town meeting, will incur in prison from four (4) to nine (9) years and a fine of fifty (50) to two hundred (200) current monthly legal minimum wages.
(These are some benefits for voting in Colombia).
The penalty will be imprisonment from six (6) to twelve (12) years when the conduct is carried out through violence, in addition, it will increase from one third to one half when the conduct is carried out by a public servant.
CONSTRAINT TO THE SUFFAGANT
Anyone who threatens or pressures a citizen by any means in order to obtain support or vote for a certain candidate or list of candidates, vote blank, or by the same means prevents him from the free exercise of the right to vote, will incur in prison from four (4) to nine (9) years and a fine of fifty (50) to two hundred (200) current monthly legal minimum wages.
The penalty will be increased from half to double when the conduct is carried out by a public servant, when there is subordination or when the granting or access to benefits granted on the occasion of social programs or any other order of a governmental nature is conditioned.
This criminal type was also modified in Law 1864 of 2017.
SUFFRAGATOR FRAUD
“Whoever, through deceitful maneuvers, obtains a citizen to vote for a candidate, party or political current, will incur in prison from four (4) to eight (8) years, and a fine of fifty (50) to two hundred (200) legal minimum wages. current monthly.
The penalty will be increased from one third to one half when the conduct is carried out by a public servant.
FRAUD IN REGISTRATION OF CERTIFICATES
Whoever, by any improper means, manages to get people qualified to vote to register a document or citizenship card in a locality, municipality or district other than the one where they were born or reside, with the purpose of obtaining an advantage in a popular election, will incur in prison from four (4) to nine (9) years and a fine of fifty (50) to two hundred (200) current monthly legal minimum wages.
(People disqualified from voting in the 2022 elections).
Whoever registers his document or citizenship card in a place other than the one where he was born or resides, with the purpose of obtaining illicit profit for himself or for third parties, will also incur this penalty.
UNLAWFUL ELECTION OF CANDIDATES
The one who has been elected to a position of popular election being disqualified from performing it by judicial, disciplinary or prosecutor will incur in prison from four (4) to nine (9) years and a fine of two hundred (200) to eight hundred (800) current monthly legal minimum wages.
CORRUPTION OF SUFFAGANT
Whoever enters into a contract, conditions it, promises, pays or delivers money, a gift or offers a particular benefit with the purpose that a citizen pays for a certain candidate, party or political current, or to refrain from doing so, will incur in prison for four (4) to eight (8) years and a fine of two hundred (200) to one thousand (1,000) current monthly legal minimum wages.
Likewise, the voter who accepts the promise, the money, the gift, the contract, or private benefit for the purposes indicated in the first paragraph shall incur this crime.
The penalty will be increased from one third to one half when the conduct is carried out by a public servant. The sanction will be increased from half to double when the promise, payment or delivery of money, benefits or gifts involve public resources.
VOTE TRAFFICKING
Whoever offers the votes of a group of citizens in exchange for money will incur a prison term of four (4) to nine (9) years and a fine of four hundred (400) to one thousand two hundred (1,200) current monthly legal minimum wages.
FRAUDULENT VOTE
Whoever supplants a citizen or votes more than once, or without the right to consign a vote in an election, will incur a prison sentence of four (4) to eight (8) years and a fine of fifty (50) to two hundred (200) minimum wages. current monthly laws.
FRAUDULENT VOTE ENHANCEMENT
The public servant who allows a citizen to be supplanted will incur a prison sentence of four (4) to nine (9) years, a fine of fifty (50) to two hundred (200) current monthly legal minimum wages and inability to hold public office for twice the the prison sentence imposed.
ALTERATION OF RESULTS
Whoever, by means other than those indicated in the preceding articles, alters the result of a vote or improperly introduces documents or ballots, will incur in prison from four (4) to eight (8) years, unless the conduct constitutes a crime punishable by a higher penalty, and a fine of fifty (50) to two hundred (200) current monthly legal minimum wages. The penalty will be increased from one third to one half when the conduct is carried out by a public servant.
ILLEGAL CONCEALMENT OF CERTIFICATE
“Whoever makes someone else’s citizenship card or any other document necessary for the exercise of the right to vote disappear, will incur a prison sentence of four (4) to eight (8) years, a fine of (50) to two hundred (200). Current legal monthly minimum wages. The penalty will be increased from one third to one half when the conduct is carried out by a public servant.”.
CAMPAIGN FINANCE FROM PROHIBITED SOURCES
The manager of the electoral campaign that allows in it the obtaining of goods from sources prohibited by law to finance electoral campaigns, will incur in prison for four (4) to eight (8) years, a fine of four hundred (400) to one thousand two hundred (1,200) current monthly legal minimum wages and disqualification for the exercise of rights and public functions for the same time.
The respective candidate will incur the same penalty.
VIOLATION TO LIMITS OF CAMPAIGN EXPENSES
Whoever manages the resources of the electoral campaign that exceeds the ceilings or limits of expenses established by the electoral authority, will incur in prison from four (4) to eight (8) years, a fine corresponding to the same value of the excess and disqualification for the exercise of rights and public functions for the same time.
BRIEFCASE
