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As the election on May 14th is approaching, election crimes are beginning to be discussed. Stating that everyone, including voters, election officials and political parties, must abide by the election rules and prohibitions, Lawyer Ender Unutan Ersözlü drew attention to the crimes that may be committed during the election process and said, "Election crimes are not known much because they are valid for a short period of time, which can lead to post-election trials and even imprisonment." 

TURKEY - As the Presidential Elections on May 14th and the 28th Term Parliamentary Elections approach, some crimes and penalties specific to this period are also on the agenda. Unlike other crimes, election crimes committed during election periods and the penal sanctions that can be applied to these crimes are regulated in the "Election Offenses and Penalties" section of Law No. 298 on Basic Provisions of Elections and Voter Registers. Pursuant to this Law, which aims to ensure that elections can be held in an environment of freedom, equality and trust, sanctions such as administrative fines and imprisonment for up to 5 years can be applied to certain acts and actions, depending on their nature, during the election process and on the election day. For example, voters who do not comply with the orders of the authorized committees on election day are given administrative fines. Those who vote repeatedly and steal the ballot box on election day can be sentenced to 5 years in prison. Lawyer Ender Unutan Ersözlü drew attention to the crimes that can be seen in the election process to be held on May 14th, 2023.

Pointing out the importance of holding the elections in an environment of trust and equality in terms of social peace, Atty. Ender Unutan Ersözlü said, “The voters have a great responsibility in this regard. Voters need to be careful and meticulous during the election process in order not to face criminal sanctions related to administrative fines or prison sentences specified in Election Law No. 298.

Penalties are increased for those who issue fake electoral rolls

Referring to the election crimes that should be considered in the period between the date of finalization of the election and the day of voting in the relevant Law, Atty. Ender Unutan Ersözlü shared the following information: “Various sanctions can be applied to those who do not comply with the election bans on and before the voting day and those who make prohibited propaganda. For example, preventing election propaganda and preventing or destroying the publication or announcement of election propaganda printing presses are considered election crimes. Those who commit this crime can face imprisonment from six months to one year. In addition, the penalty to be imposed on those who prepare, corrupt, steal or destroy wholly or partially fake electoral rolls or electoral lists, according to the provisions of the Turkish Penal Code regarding the crime of "falsifying documents", is increased by half. Those who prevent the convening of the committees specified in the Law or the performance of their duties can be punished with imprisonment from two to five years. Those who write a voter who does not have the right to be registered on the electoral roll, or who do not write a voter who has the right to be registered, or who do not delete the name of the voter that should be deleted, or who do not delete that voter's name even though it should not be deleted, can be sentenced to imprisonment for one to two years.

Those who share their votes on social media are committing an election crime.

Ender Unutan Ersözlü listed some of the other election crimes for which various penalties may be in question: “Those who suggest intervention or attempt to do so will be committing an election crime. Acts such as repeated voting, voting in the absence of voters, stealing ballot boxes, falsifying the election report, offering benefits to obtain unfair votes, preventing voters from voting, and carrying weapons are considered as election crimes within the scope of the election law. Those who commit these crimes may face sanctions ranging from administrative fines to prison sentences of varying durations.”

“Election trials are substantial”

Emphasizing the importance of the voters' compliance with the election bans and rules in order for the elections to be held in an environment of equality and trust, Atty. Ender Unutan Ersözlü said, “Since election crimes are only brought up during election periods, the scope and duration of their application is narrow and little known. However, those who commit election crimes knowingly or unknowingly may be subject to surprise trials, fines and prison sentences after the election. As far as we can see from the election crime processes, election trials are at a substantial rate. For this reason, voters, those taking part in the elections and political parties should be made aware of electoral crimes.