Problems related to the criminal sanction of vote-buying within the Spanish election law

Abstract

«If you vote me, I will get you a job». «If you vote me, I will cut the taxes you have to pay». «If you vote me, I will build a bridge that will benefit your business». ¿Corrupted vote-buying or democracy? A relevant part of the answer given by Spanish legislator to such an important question can be found in the article 146 of election law. Notwithstanding, the analysis of the norm shows a very poor legislative technique, the obsolescence of a regulation neglected by the legislator, and a very limited and careless application.

The lack of a sanction for the vote-seller implies a dangerous space of impunity for the free vote-buying in Spain. This space could be (at least partially) filled with a different reading of the relationship between vote-buying and common bribery offenses. The solution is related with the debate of the sanction of extortion in Spanish criminal law.