Przestępczość przeciwko wyborom i referendum w Polsce w latach 1999–2019

Abstract

The article deals with legal aspects of crime against elections and referendum and its selected criminal symptoms. The legislator has defined crimes of this kind in two legal acts: the Criminal Code of 1997 (Articles 248–251) and the Electoral Code of 2011 (Articles 497–497a, 500–510 and 513c). Crimes against elections and referendum include, among others, violation of the freedom to vote, electoral bribery, violation of the secrecy of the ballot, collection of signatures of support in the form of pressure, in unauthorised places and for advantage, possession of the ballot outside the polling station or lack of openness and transparency of the financial management of the electoral committee. Although the Penal Code contains fewer offenses against elections than the Election Code, the behaviours included therein were committed more often (they constituted 3/4 of election crimes in Poland). The stated election crimes have intensified in recent years and are characterised by an upward trend. Elections are therefore for some a realisation of fundamental civic rights, and for others, unfortunately, a field for abuse to achieve electoral success (one’s own or that of a political favorite). The research results presented in this article justify the need to deepen scientific research, especially on criminogenic factors of electoral crime.