In rem prosecution over presidential elections in Diaspora


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The Public Prosecutor’s Office instituted in rem criminal proceedings over Diaspora voting’ s irregularities. In-rem prosecution relates on a certain action rather than a person.

“Investigation is underway, authorities are to be questioned regarding preventing citizens from voting, which is stipulated by 385 article of the Criminal Code,” Romania’s Prosecutor General Tiberiu Ni?u said on Thursday. Ni?u also stated that the Supreme Court received many complaints on Diaspora vote against ministers and other authorities’ representatives involved in the organization of the voting process abroad. “Some complaints were filed by various institutions but most of them came from persons via e-mail,” Prosecutor General explained.

According to the Criminal Code, preventing voting process by any means is penalized with jail sentence from six months up to three years.

Ni?u pointed out only the prosecutor who investigates the file will be able to decide if there was any law violation by refusing to set up new polling stations abroad.

On the other hand, the Supreme Court president, Livia Stanciu said the Government could have issued an emergency ordinance to set up new polling stations for the runoff.

A record number of Romanians voting abroad was registered at the presidential elections and insufficient polling stations based in the European capitals and cities prompted long queues. Thousands of Romanians could not cast their votes and wide protests were staged in the country and abroad.

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