Ha Ha...someone made a police report on it...
F/20110420/2040
The above is my police report number made online few minutes
ago.
The brief inside my report is as follows.
Statute Online URL
CORRUPT
PRACTICES
Personation
57. —(1) Every person who —
(a)
at an election applies for a ballot paper or to record his vote at
a DRE voting machine in the name of some other person, whether that
name be that of a person living or dead, or of a fictitious person;
or(b) having voted once at any such election,
applies at the same election for a ballot paper or to record his
vote at a DRE voting machine in his own
name,shall be guilty of the offence of
personation. [19/2001]
(2) The offence
of personation under this section shall be an arrestable offence
within the meaning of the Criminal Procedure Code 2010 (Act 15 of
2010). Treating
58. —(1) A person shall be guilty of treating if
he corruptly, by himself or by any other person, either before,
during or after an election, directly or indirectly gives or
provides, or pays wholly or in part the expense of giving, any
meat, drink, refreshment, cigarette, entertainment or other
provision or thing or any money or ticket or other means or device
to enable the procuring of any such meat, drink, refreshment,
cigarette, entertainment or other provision or thing, to or for any
person — (a) for the purpose of corruptly influencing
that person or any other person to vote or refrain from
voting;(b) for the purpose of inducing that person
to attend or remain at any election
meeting;(c) on account of any such person or any
other person having voted or refrained from voting or being about
to vote or refrain from voting at the election;
or(d) on account of any such person having
attended an election meeting.(2) A person
shall also be guilty of treating if he corruptly accepts or takes
any such meat, drink, refreshment, cigarette, entertainment or
other provision or thing or any such money or ticket or who adopts
any other means or device to enable the procuring of such meat,
drink, refreshment, cigarette, entertainment or other provision or
thing. Undue
influence
59. Every person who — (a) directly or
indirectly, by himself or by any other person on his behalf, makes
use of or threatens to make use of any force, violence or
restraint, or inflicts or threatens to inflict, by himself or by
any other person, any temporal or spiritual injury, damage, harm or
loss upon or against any person in order to induce or compel that
person to vote or refrain from voting, or on account of that person
having voted or refrained from voting at any election;
or(b) by abduction, duress or any fraudulent
device or contrivance, impedes or prevents the free exercise of the
franchise of any elector or voter, or thereby compels, induces or
prevails upon any elector or voter either to vote or refrain from
voting at any election,shall be guilty
of the offence of undue influence.Bribery
60. The following persons shall be deemed guilty
of the offence of bribery: (a) every
person who, directly or indirectly, by himself or by any other
person on his behalf, gives, lends, or agrees to give or lend, or
offers, promises, or promises to procure or to endeavour to
procure, any money or valuable consideration to or for any elector
or voter, or to or for any person on behalf of any elector or voter
or to or for any other person, in order to induce any elector or
voter to vote or refrain from voting, or corruptly does any such
act on account of that elector or voter having voted or refrained
from voting at any election under this
Act;(b) every person who, directly or indirectly,
by himself or by any other person on his behalf, gives or procures,
or agrees to give or procure, or offers, promises, or promises to
procure or to endeavour to procure, any office, place or employment
to or for any elector or voter or to or for any person on behalf of
any elector or voter, or to or for any other person, in order to
induce that elector or voter to vote or refrain from voting, or
corruptly does any such act on account of that elector or voter
having voted or refrained from voting at any election under this
Act;(c) every person who, directly or indirectly,
by himself or by any other person on his behalf, makes any such
gift, loan, offer, promise, procurement or agreement referred to in
paragraph ( a) or (b) to or for any person in order to induce that
person to procure or endeavour to procure the return of any person
as a Member of Parliament, or the vote of any elector or voter at
any election under this Act;(d) every
person who, directly or indirectly, by himself or by any other
person on his behalf, makes any such gift, loan, offer, promise,
procurement or agreement to or for any person who is assisting or
has promised to assist a candidate at an election to induce that
person to refrain from assisting that
candidate;(e) every person who upon or in consequence
of any such gift, loan, offer, promise, procurement or agreement
procures or engages, promises or endeavours to procure, the return
of any person as a Member of Parliament, or the vote of any elector
or voter at an election under this Act;(f) every
person who — (i) advances or
pays or causes to be paid any money to or to the use of any other
person with the intent that the money or any part thereof shall be
expended in bribery at any election under this Act;
or(ii) knowingly pays or causes to be paid any
money to any person in discharge or repayment of any money wholly
or in part expended in bribery at any such
election;(g) every elector or voter who, before or
during any election under this Act, directly or indirectly, by
himself or by any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, or valuable consideration,
office, place or employment, for himself or for any other person,
for voting or agreeing to vote or for refraining or agreeing to
refrain from voting at any such election;(h) every
person who, after any election under this Act, directly or
indirectly, by himself or by any other person on his behalf,
receives any money or valuable consideration on account of any
person having voted or refrained from voting or having induced any
other person to vote or to refrain from voting at any such
election;(i) every person who, directly or indirectly,
by himself or by any other person on his behalf, on account of and
as payment for voting or for having voted or for agreeing or having
agreed to vote for any candidate or group of candidates, at an
election, or on account of and as payment for his having assisted
or agreed to assist any candidate or group of candidates, at an
election, applies to that candidate or to any candidate in that
group, or to his agent or agents, for the gift or loan of any money
or valuable consideration, or for the promise of the gift or loan
of any money or valuable consideration or for any office, place or
employment or for the promise of any office, place or
employment;(j) every person who, directly or indirectly,
by himself or by any other person on his behalf, in order to induce
any other person to agree to be nominated as a candidate or to
refrain from becoming a candidate or to withdraw if he has become a
candidate, gives or procures any office, place or employment or
agrees to give or procure or offers or promises to procure or to
endeavour to procure any office, place or employment to or for that
other person, or gives or lends, or agrees to give or lend, or
offers, or promises to procure or to endeavour to procure any money
or valuable consideration to or for any person or to or for that
other person, or to or for any person on behalf of that other
person. [10/88]
Punishment and incapacities
for corrupt practice
61. —(1) Every person who —
(a)
commits the offence of personation, or aids, abets, counsels or
procures the commission of the offence of
personation;(b) commits the
offence of treating, undue influence or
bribery;(c) publishes or causes to be published any
election advertising during the period beginning with the day the
writ of election is issued for an election and ending with the
start of polling day at that election which —
(i)
in the case of election advertising that is, or is contained in, a
printed document, does not bear on its face or, if there is more
than one side of printed matter, on the first or last page of the
document, the names and addresses of its printer, its publisher and
the person for whom or at whose direction the election advertising
is published; or(ii) in the
case of any other election advertising, does not bear in the form
and manner prescribed under section 78A the names and addresses of
its publisher and the person for whom or at whose direction the
election advertising is published;(d) makes or
publishes, before or during any election, for the purpose of
affecting the return of any candidate, any false statement of fact
in relation to the personal character or conduct of the
candidate;(e) makes or publishes, before or during any
election, for the purpose of promoting or procuring the election of
any candidate, any false statement of the withdrawal of any other
candidate at the election; or(f) being a
candidate or an election agent, knowingly makes the declaration as
to election expenses required by section 74
falsely,shall be guilty of a corrupt practice and
shall on conviction by a District Court be liable —
(i)
in the case referred to in paragraph (a), to a fine not exceeding
$5,000 or to imprisonment for a term not exceeding 3 years or to
both;(ii) in the case referred to in paragraph
(b), to a fine not exceeding $5,000 or to imprisonment for a term
not exceeding 3 years or to both;(iii) in the
case referred to in paragraph ( c), to a fine not exceeding $1,000
or to imprisonment for a term not exceeding 12 months or to
both;(iv) in the case referred to in paragraph (d)
or (e), to a fine or to imprisonment for a term not exceeding 12
months or to both; or(v) in the case
referred to in paragraph (f), to a fine not exceeding $2,000 or to
imprisonment for a term not exceeding 6 months or to both.
[31/2001; 10/2010]
(2) Every
person who is convicted of a corrupt practice shall become
incapable for a period of 7 years from the date of his conviction
of being registered as an elector or of voting at any election
under this Act or of being elected as the President or a Member,
and if at that date he has been elected a Member, his election
shall be vacated from the date of the conviction. [21/91]
(3) A prosecution for a corrupt practice except any corrupt
practice as defined in subsection (1)( d) and (e) shall not be
instituted without the consent of the Public Prosecutor.
[15/2010]
(4) Without prejudice to section 57, every offence of undue
influence or bribery under section 59 or 60, as the case may be,
and every other corrupt practice under subsection (1)( c), (d) or
(e) shall be an arrestable offence within the meaning of the
Criminal Procedure Code 2010 (Act 15 of 2010). [10/2010]
(5) Where any election advertising is published in contravention of
subsection (1)(c), the printer of the election advertising as well
as the person for whom or at whose direction the election
advertising is published shall each also be guilty of a corrupt
practice and shall each be liable on conviction to the same
punishment and incapacity under this section as the publisher
thereof. [31/2001]
(6) Subsection (1)(c) shall not apply in respect of —
(a)
the distribution of a book, or the promotion of the sale of a book,
for not less than its commercial value, if the book was planned to
be published regardless of whether there was to be an
election;(b) the publication of a document directly by
a person or a group of persons to their members, employees or
shareholders, as the case may be;(c) the
publication of any news relating to an election —
(i)
in a newspaper in any medium by a person permitted to do so under
the Newspaper and Printing Presses Act (Cap. 206);
or(ii) in a radio or television broadcast by a
person licensed to do so under the Broadcasting Act (Cap.
28);(d) the telephonic or electronic transmission
by an individual to another individual of the first-mentioned
individual’s own political views, on a non-commercial basis;
or(e) such other circumstances or activities as
may be prescribed by the Minister by order in the Gazette.
[31/2001; 10/2010]
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posted by uncleyap at
11:03 AM
