Criminal offenses affecting free elections in the Italian penal system, the criminal offenses that sanction the democratic conduct of elections have a general character and refer to all those facts which disturb or hinder the normal development of public order. These articles are provided in Chapter II, section V of the Criminal Code, respectively (Articles 414 to 421). The concept, public order was first used in the Napoleonic Code 1804 as a new legal formula not previously used in the Roman system. At first, there was a use in the civil field both nationally and internationally. Still, the use of this formula was successfully disseminated in both the criminal field and public safety laws.
This usage attributes public order to an essential role in the legal system. In terms of the notion, most interpreters have relied on the normative concept that summarizes public order as a framework of a system’s basic principles. Other authors conceive of it by individualizing the motives for which it is used in a legal system. This view implies it as a mechanism for protecting and preserving the fundamental principles of a country’s legal system.
In criminal law, we have two concepts of public order: the first concept shows public order as a space of public order which has a preventive role against those criminal offenses that endanger the understanding of civilian life. The other picture shows public order in criminal law as a set of principles on which civil coexistence is based. While the function of public order in the first place, we need to understand why a legal system should be equipped with a limit like that of public order.
The application of general and specific norms form the basis of a legal system; to prevent the risk of harmony in a legal system, it is precisely public order. In the Italian criminal code, the criminal offenses punishing illegal actions in the electoral system are defined by article art. In contrast, in the Italian criminal procedure, the criminal offenses affecting the electoral system have a general character and, in the specific, provide for a series of special laws. In 1992, in the political and municipal elections, it was revealed that you make an exchange for securing work, and with a decree in 1957, you punish “whoever votes in exchange for favors or in exchange for money.” Mafia clans exploited these exchanges as the primary tool for dialogue with voters.
This means that in the Italian penal system, the problem of securing democratic elections was massively violated by mafia groups, unlike the Albanian penal system, which is defined in specific articles, related to the development and need of society determined by the political and legal adaptation to fight in one country, at the same time if we take into account the administrative division and distribution of competencies of unique provinces (regions) where each area approves internal laws to guarantee the most orderly conduct of elections.