Political-mafia electoral exchange
Political-mafia electoral exchange
In Italy, the vote of political-mafia exchange is a criminal offense provided by Article 416-bis of the Italian criminal code, which punishes any violation of the law for securing a vote illegally. The exchange vote, as a rule, is the vote given by a voter but not motivated by political elections as the fruit of sincere and not at all interested reflection. Instead, the candidate or someone else in the latter’s interest is a corrupt vote taken by the candidate. This means that there is a vote subject to legal and illegal exchange.
The exchange of legal votes is the fruit of political clientele. It allows the individual to remain satisfied with the lawful request in exchange for votes, and the candidate gains the consensus of the electorate. An illegal exchange vote is when a politician offers something illegal to contribute (e.g., a public administration job without a competition). The voter must exercise the right to vote freely, without any conditions but only in the general interest of the institutions’ good functioning. In the exercise of his function, which is guaranteed by the constitution, the voter not only can not suffer violence or conditions of any kind but should not be forced to give consensus by offering him money or illegal favors.
Article 416-bis was added by article 11 of the legislative decree in 1992, with the topic of mafia crime turned into law n.356 / 1992 does not make any difference and punishes, in the same way, the exchange of votes carried out by the mafia organization and that directly between the candidate and the voter, in the absence of the mafia group or when the voter has acquaintances within the mafia organization or the existence of a violent voting mechanism.
Thus, the exchange of votes can be done directly between the candidate and the voter without interfering with the mafia organization’s interests in exchange for money or a job. In the case when mafia groups carry out the business of votes, then their claim is directly in securing public funding, given the number of options they manage to secure the candidate, so we are dealing with a sale-purchase of electoral consensus, which is provided for and severely punished by Article and the correct performance of the public function.
The Supreme Court has stated several times that the criminal offense of electoral exchange provided for in Article 416 of the Criminal Code is sufficient for the candidate to have made promises to offer electoral support by giving money. The purpose of this provision is to protect the freedom of the political conviction of the voter to express and exercise his right to vote, to guarantee that the elected candidates are indeed those whom the voters love and trust, assuming that only in respect of the principle of democracy can a severe and honest political class be realized.
Based on this theory, we can understand the existence of a connection between two figures of the vote exchange carried out during the development of free elections, which we are talking about by significantly influencing the motion of no confidence in parliament. If we reflect that the principles of democracy are damaged by the obstacle set by the payment to condition the vote during the free elections, and their respect will be prohibited by any form that prepares the ballot’s good exercise parliamentarians.
A mafia organization created for this purpose would leave room for applying Article 416- bis. According to Article 67 of the Italian Constitution, which states “every member of parliament represents the nation and exercises its function without hindrance in the mandate.” Hence, there is no coincidence in this view as it does not give importance to external conditioning of the conviction of parliamentarians, who are called to use in freedom the capacity they possess, without hindrance in mandates but respecting the pact of being free in their activity, which means without any interference or conditions from outside.
The exchange of votes not only in the case when it is realized but also in the case when it is promised, Article to exercise is not performed in the general interest of the nation, in the best part of State, but only in the private, individual, personal interests of parliamentarians, who commit another criminal offense provided by Article 319 of the Criminal Code. According to the Italian doctrine, the legislator’s objective has always been to realize the punishment and the pre-vote exchange between politics and individuals that this criminal offense will rarely be punished in the absence of this norm.
The protected legal good is the public order protected against the rayikut, which derives from the democratic mandate of sale-purchase of electoral votes when one of the parties is a member of the mafia organization. Thus, the provision implies a criminal offense of risk, punishing the pact and not giving importance to the electoral consensus conditions.
According to this provision, the active subject can be political persons who illegally secure their political mandate and mafia organizations or criminal groups who illegally guarantee mandates in exchange for money or outsiders from the mafia group but indirectly the candidate electorate. At first glance, the active subject can be both the candidate of electoral competition and the supporters. But meanwhile, the norm does not punish the subject who accepts or receives the money or promise.
Subjective element: Characterized by intentional guilt, which means in the conscience and will to seek and keep promises of votes in exchange for money from a mafia group or a representative of it directly or indirectly, with the conscience and acceptance of all means “Wild” used by criminal organizations to achieve the goal.
Punishment: Punishes the individual member’s action or not of the mafia group or the politician who offers money in exchange for the promised votes.
The norm does not give importance to the situation for which the money should be given to mafia groups; action is enough. For such crimes, the punishment provided in Article paragraph I is applied. We have imprisonment from 5 to 10 years for individuals who manage to secure votes by delivering votes. This provision’s characteristics are the agreement or a connection with all the elements to stay long even after completing some criminal offenses programmed by the organization. This stability of the organization’s relationship gives their crimes a typical nature of a permanent criminal offense. The criminal punishment of the criminal organization is done for the sole reason of realizing the illegal agreement or for the simple fact of being a member of the mafia organization.