Threats of rape against election participants elections are how democracy “measures” the will of the people. In the 22 years of Albanian pluralism, it seems that the “dictatorship” of power has been present and active with actions against free elections. Against the right to free voting, against the electoral equality of position-opposition, against the right to be elected and vote freely. Against the right to vote without fear, without pressure, even with threats to leave the workplace, without physical violence, without being handcuffed for political persuasion, without reprisal of opposition and social group campaigns, theft and manipulation of votes of voting.
The electoral mechanism is of particular importance for the proper functioning of any democracy. This article punishes illegal actions to deny the right to exercise the vote or force them to vote against a particular candidate. The object of criminal offenses is the violation of legal relations established by law that guarantees respect for a democratic state’s constitution. Article 329 KPRSH speaks of intimidation, meaning the psychological violence done to a person up to murder or serious injuries based on Article 84 of the CC.
The first paragraph of Article 329 KPRSH anyone who forces voters through the threat to vote in a certain way or to participate or not to vote constitutes a criminal offense and is punishable by imprisonment from three months to two years. In cases where the threat or use of violence against the commissioner, observers, counters, and any other official in charge of the elections to prevent him from performing his duties or because of his activity in the election administration is punishable by imprisonment of six months to three years.
Referring to the parliamentary elections of June 23, 2013, from the reference made to the CEC, two commissioners of the polling station no. 4165 in the city of Këlcyrë were physically raped voters, who immediately after the event was detained by the local police. The author in question is charged under Article 329, second paragraph, of the criminal offense of “Threatening or raping participants in elections,” where the passive subject has physically violated the persons charged by the CEC for administering the elections and risks receiving a sentence of six months to three years.
Whereas when this criminal offense is committed in collaboration or more than once, it constitutes an aggravating circumstance and is punishable by imprisonment from six months to five years. The quality of the criminal offenses’ object must be seen from the elements of truthfulness so as not to leave doubts in the threatened person and at the same time serious in their savagery and behavior. For such offenses, the punishment is a fine or imprisonment of up to 2 years.