Case Le Pen: Is it such a thing as possible in Germany? – The world

Marin Le Pen was sentenced in Paris for four years in prison for the embezzlement of European Parliament. Two years of this penalty can endure with the wearing of nanogice, while two years are conditional.

However, the prison sentence, neither an accompanying fine of € 100,000 caused so much indignation as a five-year revocation of passive polling right, ie the right to run in the elections. That decision provoked discussions, and partial protests.

The law prescribes the possibility of abolishing passive polling right

In 2016, a law was adopted in the candidacy in fact, in effects, he automatically applies to convictions for certain crimes related to corruption. This also applies to the emergency proneover. The court was therefore obliged to subtract passively polling right, and may deviate only in exceptional cases.

What was still surprised, that the Court decided that the « secondary consequence » applies immediately – then, not only after the judgment is considered the Appellate Court. The Parisian Court explained the decision by the risk of repetition and thus the Le Pen during the procedure has not shown understanding. The French law provides for this possibility.

There are similar rules in Germany

The German criminal law also knows the possibility of abolishing passive polling rights as the so-called Secondary consequences. « A person who was sentenced to at least one year in prison loses the ability to perform public functions and the right to exercise public duties lasting five years, » said in the Criminal Code (STGB).

« Crime » are all criminal offenses that are punishable by law of minimal prison for one year. When these conditions are met, the consequence of unfit for five years of columns almost automatically – the Court does not have to decide in particular.

Right to candidacy until final judgment

In Germany, for example, a fraud is not such a criminal offense because the law does not provide for a minimum sentence. Even if someone is convicted of hatred, it does not take away the right to run, because stimulating hate treats as a misdemeanor, not a criminal offense. Even a prison sentence longer than a year does not change that.

Classical criminal offenses, for example, robbery, serious bodily injuries, inhabitants, rape, false testimony, falsification and other.

In Germany, however, the loss of passive voting law performs only when the verdict becomes final. This means that as long as legal remedies are still possible, the face – unlike Marin Le Pen – can still run in the elections. If the verdict becomes final, convicted, for example, there can be no member of the party. This is regulated by the Law on Political Parties.

Exceptions also refer to a particular « crime »

In addition to automatic confiscation of passive voting law, the Criminal Code provides for the possibility that the court imposes a candidacy ban on two to five years, and for some « works » and at least six months.

There are certain political criminal offenses such as the treason, election fraud, bribery of voters or deputies, slander of the state and its symbols and another other. In these cases, the consequences are not applied automatically, but the court must decide in particular.

Possible confiscation of active polling right

In certain cases provided by law, the Court may revoke the active electorate, ie the right to vote, for two to five years. Unlike passive voting law, the active electorate is not taken automatically when convicting the prison period longer than one year. Even someone who was sentenced to a lifetime penalty due to the murder can still vote.

The political nature of the criminal offense is for confiscation of the right to vote. However, there is no condemnation for a political crime automatically to this secondary consequence.

LOSS OF MADATH IN BUNDESTAGA?

The one who is convicted of the polling right automatically loses and the position and rights acquired in the previous elections. The exception is the mandate in the Bundestag. In that case, after the judgment, the loss of membership in parliament must decide a larger elder. This is regulated by a federal election law.

The confiscation of passive polling rights also plays a role in the coalition agreement between CDU / CSU and SPD. The document is sentence: « In order to strengthen our democracy, we regulate the confiscation of passive voice right in cases of multiple convictions to encourage hate. » That is why it is possible that the criminal law will soon be tightened.