Report after the conference "President of the Republic: Campaign, Elections, Political Position'.
New technologies bring great potential for the democratisation of the electoral process, but also new challenges that are not yet fully recognised by the legislator. Internet voting, social media campaigns or the targeting of selected content to specific individuals are issues that need to be regulated, conference participants pointed out 'The President of the Republic: Campaign, Elections, Political Position'.
Our University co-organises the conference
The conference was organised by: Centre for Constitutional Law and Rule of Law Monitoring and University College of Professional Education in Wrocław. Experts - constitutionalists, political scientists and representatives of public life - discussed the role of the president in the Polish political system, the transparency of the election campaign, the impact of new technologies on elections and many other issues related to the competences of the head of state. The conference was held 13 May, moderated by Dr Kamil Stępniak, President of the Board of the Centre for Constitutional Law and Rule of Law Monitoring. The Law.pl service was a media patron of the event.
Protection of the presidential election - identification of the most important provisions and risks by an expert of the JCCC
Dr Damian Wąsik, an expert in criminal law from the Higher School of Vocational Training in Wrocław, discussed the criminal law protection of presidential elections. He cited historical examples of fraud from the interwar period, viz:
- bringing ballot papers to be consecrated in church;
- stamping bread with election slogans;
- satirical chants suggesting election rigging.
The speaker recalled that we have an entire chapter in the Criminal Code dedicated to offences against elections. This inter alia. articles relating to:
- falsification of electoral documents;
- giving false data in order to obtain the right to vote;
- violation of the secrecy of the vote;
- agitation offences, especially on voting day.
In addition to the Penal Code, there are also relevant provisions in:
- the Electoral Code, which provides for inter alia. liability for violating the silence of the electorate or conducting illegal canvassing;
- Act on referendums and certain special laws.
The speaker pointed out that the most serious electoral offences are falsification of voting results, pressure on voters, vote buying or obstruction of voting.
"A very worrying phenomenon is also the organisation of so-called electoral transports, i.e. the transportation of organised groups of voters by committees which, one could say, 'invest' in certain local communities - in order to force a certain electoral result. These practices, although sometimes difficult to prove, can bear the hallmarks of a violation of the principle of free and equal elections, he stressed. He pointed out that there are also situations involving violations of the secrecy of the vote - such as when a third party accompanies a voter to the booth or when a voter is instructed on how to vote."
"I would also like to mention media crimes, i.e. those involving canvassing conducted illegally - for example, during the electoral silence, or using misleading material, such as false information about candidates. We have had cases where manipulated material was published on the eve of the election to discourage people from voting for a particular candidate. And although formally it is sometimes difficult to attribute them to specific individuals, the disinformation effect remains," the speaker said.
Dr Damian Wąsik He also pointed out that all such cases violate citizens' trust in electoral institutions.