38. Is there a ban on vote buying?

Albania

Albania

Answer
Yes
Source

"The violation of any one of the general principles specified in articles 3, 4 or 5 of this Code, in cases when this violation has not affected the election result, constitutes an administrative offence and is punishable by a fine of ALL 100,000 to 500,000.
2. The amount of the fine is determined by the following circumstances:
a) the risk posed by the violation to the organization and administration of future
elections;
b) the fact whether the perpetrator of the offence has benefited financially from
the violation or, through the violation, has affected the allocation of the seat to a candidate, political party or coalition;
c) the duration and the range of actions that led to the commitment of the offence;
ç) the fact whether there have been efforts to hide the violation and the extent of these efforts;
d) the attitude of the perpetrator of the offence following its detection;
dh) the fact whether officials have taken part in the commitment of the offence or whether public resources have been used for it;
e) the fact whether the violation has been repeated;
ë) the fact whether it is has been committed in co-operation with others;
f) the potential risk to free, fair, democratic and transparent elections.
3. Fines, in accordance with point 1 of this article, are imposed by the CEC.
4. In case the violations specified in point 1 of this article impact on the election results, they shall constitute a criminal offence and are punishable by imprisonment of 6 months to 2 years".  Source:  Article 172, The Electoral Code of the Republic of Albania, 2015. 

"Offering or giving money or material goods, making promises for employment or other favours in any form, in contradiction with the law, for the voter or other persons in order to get signatures to field a candidate in elections, to vote in a certain way, to participate or not to participate in voting, or to get engaged into an illegal activity to support a candidate or political party, constitutes a criminal offence and is punishable by imprisonment of one year up to five years."  Source: Article 328 Active corruption in elections (Amended by law no.89/2017, article 4), 2017. 

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