Electoral Crimes Under Ordinance No. 21-01 Incorporating the Organic Law on the Electoral System

Abstract

Voting is a constitutional right enshrined in all successive Algerian constitutions, the most recent being the 2020 constitutional amendment, which reaffirmed this right in Article 56, This right has also been upheld in the organic laws governing the electoral system in Algeria from 1997 until the issuance of Ordinance No. 21-01 containing the Organic Law on the Electoral System, dated March 10, 2021. This ordinance regulates the electoral process and classifies violations of certain provisions as electoral crimes, prescribing criminal penalties for them. Accordingly, this study aims to identify the various forms of electoral crimes set forth in this organic law and the penalties associated with them. Furthermore, it seeks to evaluate the effectiveness of the current legal framework in achieving both general and specific deterrence.