Penal Code
punishment determined by the first paragraph of art. 416-a applies also to those who obtained the promise of votes provided by the third paragraph of that article. 416-bis in exchange for payment of money. This rule was introduced into the Criminal Code by Law No. 356, 1992, converting Decree 306 of 1992 and established the configuration of the crime of exchange-election political mafia, to suppress the possibility of involvement of the underworld in the sphere of politics, which normally is realized through the conclusion of agreements relating to the electoral support in exchange for other economic benefits. Therefore, the text does not appear satisfactory in two respects: firstly because it is not clearly indicated the wrongful act and, secondly, because the punishment of criminal acts require that the consideration to be provided solely by the bestowal of a sum money, and does not extend to other forms of compensation normally used in practice mafia. The objective element is actively engaging in persuading people in the vicinity of elections, to vote a particular candidate, taking advantage of the psychological pressure engendered in the community whether to participate in an association of mafia type. Because it constitutes such a crime figure is also necessary that the person requesting the support of a mafia election presented to the sum of money as compensation. The author of the request must be an unrelated criminal organization, otherwise there is a crime of the article above. It is a common crime, because it can be committed by anyone, danger, because it requires the offense in the legal sense of well-protected, of pure conduct, it is concluded by the simple execution of the offending, free-form, because it can be made with any conduct likely to achieve the purpose. It is consumed when the promise of votes is done. The subjective element is the specific intent, defined as awareness and desire to give money in order to gain electoral support that the exchange of votes.
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