38. Is there a ban on vote buying? - San Marino

San Marino
38. Is there a ban on vote buying?



Art. 394
(Offence against the free expression of the right to vote)
Anyone who, during State elections, uses violence, threat or deceit, or offers or promises undue benefits, reimbursements or subsidies for travel and accommodation expenses, to push a citizen to sign a declaration in support of a candidate, draft law, or referendum, or to abstain or not from voting, or to vote for a candidate or symbol, is punished with third-degree imprisonment and fourth-degree loss of political rights.
The same sanction applies to citizens that accepts undue benefits, reimbursements or subsidies referred to in the previous comma, except in case of useful and spontaneous confession.
If the offence is committed by a person exercising public duties, by a public official, or by a clergyman, if abusing of their attributions and during the performance of their duties, they are subject to fourth-degree imprisonment and to fourth-degree loss of political rights and forfeiture of public offices, increased according to Art. 93.

Source: Art. 394, Criminal Code on Electoral Matters