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Penal Code

Passed 6 June 2001

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

entered into force 1 September 2002,

amended by the following Acts:

28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 401;

28.06.2004 entered into force 01.07.2004 - RT I 2004, 54, 387;

19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329;

28.01.2004 entered into force 14.02.2004 - RT I 2004, 7, 40;

18.12.2003 entered into force 01.01.2004 - RT I 2003, 90, 601;

17.12.2003 entered into force 01.01.2004 - RT I 2003, 83, 557;

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

04.12.2002 entered into force 02.01.2003 - RT I 2002, 105, 612.

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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 Riigikogu2 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 a fine of up to 300 fine units or by detention.

§ 165. Election fraud

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

§ 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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