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Penal Code

Passed 6 June 2001

(RT1 I 2001, 61, 364; consolidated text RT I 2002, 86, 504),

entered into force 1 September 2002,

last amended by the following Act:

24.01.2007 entered into force 15.03.2007 - RT I 2007, 13, 69

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Chapter 10

Offences Against Political and Civil Rights

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Division 3

Offences Against Freedom of Election

§ 160. Definition of elections

For the purposes of this Division, “elections” means elections of the Riigikogu or the local government councils or to the European Parliament.

(18.12.2002 entered into force 23.01.2003 - RT I 2003, 4, 22)

§ 161. Interference with elections or referendum

(1) Interference with elections or a referendum, or with determination or announcement of the results thereof, is punishable by a pecuniary punishment or up to one year of imprisonment.

(2) The same act, if committed using violence, is punishable by 1 to 5 years’ imprisonment.

§ 162. Violation of freedom of election or voting

Preventing a person to freely exercise his or her right to elect or be elected at an election or to vote at a referendum, if such prevention involves violence, deceit or threat or takes advantage of a service, economic or other dependent relationship of the person with the offender is punishable by a pecuniary punishment or up to one year of imprisonment.

§ 163. Falsification at elections

Destruction, damaging, elimination or falsification of election or voting documents, or incorrect counting of votes, is punishable by a pecuniary punishment or up to one year of imprisonment.

§ 164. Bribery of electorate

Providing or offering material benefits to a person with the intention to persuade the person not to exercise his or her election or voting right or to exercise such right in a certain way is punishable by pecuniary punishment or up to 1 year of imprisonment.

(07.06.2006 entered into force 14.07.2006 - RT I 2006, 30, 231)

§ 165. Election fraud

A person who votes more than once, except a person who amends his or her vote given by electronic means, or a person who participates in an election or referendum without the right to vote or in the name of another person shall be punished by a fine of up to 300 fine units or by detention.

(28.06.2005 entered into force 18.09.2005 - RT I 2005, 47, 387)

§ 166. Violation of confidentiality of voting

Violation of the procedure for voting by secret ballot at an election or referendum is punishable by a fine of up to 100 fine units or by detention.

§ 167. Interference with election campaigning

Interference with lawful campaigning before an election or referendum is punishable by a fine of up to 300 fine units or by detention.

§ 168. Unlawful campaigning

(1) Active campaigning during the day of an election or referendum is punishable by a fine of up to 200 fine units or by detention.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 20 000 kroons.

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