Commentary on Judgment No. 24357 of 2023: Electoral Crimes and Setting Aside Ballots

The Judgment No. 24357 of January 25, 2023, issued by the Court of Cassation, provides important insights regarding electoral crimes, particularly the behavior of polling station presidents during the counting of ballots. The decision focuses on the offense of danger as defined by Article 96 of the d.P.R. No. 570 of 1960, establishing that setting aside ballots without an immediate allocation of votes may constitute a criminally relevant offense.

The Case and the Judgment

The case concerns a polling station president who, during the counting operations in a municipality with fewer than 10,000 inhabitants, set aside several ballots for later evaluation rather than immediately allocating votes. This behavior was deemed illegitimate by the judges, who emphasized the importance of a timely pronouncement on the allocation of votes, as provided by Articles 54 and 63 of the d.P.R. No. 570 of 1960.

Municipal elections - Counting operations - Setting aside ballots, reserving the assignment of the vote at the end of the counting - Offense of danger under Article 96 of d.P.R. No. 570 of 1960 - Existence - Reasons. In the context of electoral crimes, the conduct of the polling station president who, during the counting operations of elections in a municipality with a population not exceeding 10,000 inhabitants, sets aside one or more ballots extracted from the urn and reserves the evaluation of them until the conclusion of the counting, thus failing to adopt the immediate pronouncement on the allocation of each single vote prescribed by Articles 54 and 63 of the aforementioned d.P.R., constitutes the offense of danger aimed at averting the risk of electoral fraud.

Legal Implications

The decision of the Court of Cassation not only reiterates the necessity of adhering to electoral procedures but also highlights the concept of offense of danger. This type of offense is characterized by the creation of a risk situation, rather than by a damage already incurred. In this context, the behavior of the polling station president, by setting aside ballots, generates a potential risk of fraud, thus justifying the application of the penal provision.

  • Adhering to voting procedures is essential for the transparency of elections.
  • The offense of danger aims to prevent behaviors that could compromise the integrity of the electoral process.
  • The judgment serves as a warning for all actors involved in elections, highlighting the importance of compliance with regulations.

Conclusions

In conclusion, Judgment No. 24357 of 2023 provides an important guide on the conduct to be maintained during the counting of electoral ballots. It underscores the responsibility of polling station presidents in ensuring the regularity and transparency of voting operations, emphasizing that any omission may have penal consequences. This ruling not only reinforces existing regulations but also serves to educate and raise awareness among all actors involved in the electoral process regarding the importance of legality and fairness in elections.

Bianucci Law Firm