The Legal Framework Governing the Offence of Electoral Bribery in light of Algeria’s Electoral Law (Ordinance No. 21–01)

https://doi-001.org/1025/17668453797934

Dr. Douadi Adel

Lecturer Professor Class A

Faculty of Law and Political Science

University Mohamed Lamine Debaghine -Setif2- Algeria

Email: a.douadi@univ-setif2.dz

Dr. Asma Boukhenfouf

Faculty of Law and Political Science

University Mohamed Lamine Debaghine -Setif2- Algeria

Received: 28/05/2025

 Accepted: 06/11/2025

Published: 27/12/2025

Abstract

This study aims to shed light on electoral bribery, one of the most prominent forms of electoral corruption that directly undermines the integrity of Algeria’s electoral process. The analysis is grounded in Article 300 of Ordinance No. 21–01, which promulgates the Electoral Law. It underscores the pivotal role of elections in promoting transparency and safeguarding the popular will from unlawful practices. The study examines the legal framework governing electoral bribery, with particular emphasis on the role of the Algerian legislature in criminalising conduct that undermines the credibility of the ballot. It concludes by highlighting the consequences of electoral bribery.

Keywords: Electoral bribery; electoral offense; Ordinance No. 21–01; Electoral law; Algerian legislator; integrity; electoral corruption; electoral process.

Introduction:

Electoral offences[1] Constitute a sensitive and highly significant subject, as they are time-bound offences intrinsically linked to the conduct of the electoral process and the degree of its integrity. They refer to any act or omission intended to undermine the soundness and integrity of electoral operations at all their stages, necessarily resulting in an alteration of electoral outcomes in a manner contrary to the law.

Ordinance No. 21–01[2] has enumerated electoral offences in Chapter Eight, from Article 276 to Article 313. Among the most serious and widespread electoral offences is electoral bribery, given its ease of commission and its profound impact on the course and results of elections, as it relies on financial resources to influence voters.

Accordingly, elections constitute a fundamental pillar of the democratic system, as genuine representation of the popular cannot be achieved without transparent elections in which voters’ freedom is safeguarded against all forms of unlawful influence. In view of the importance of this subject, the following question arises:

To what extent has Ordinance No. 21–01 succeeded in criminalising electoral bribery and protecting the integrity of the electoral process, and how adequate are the prescribed sanctions in ensuring effective deterrence and legal accountability for all parties concerned?

To address this question, the study plan has been divided into two principal sections. The first section examines the conceptual framework of electoral bribery in Algerian legislation, whereas the second addresses its methods of execution, its repercussions, and the sanctions prescribed to combat it.

Section One: Conceptual Framework of the Offence of Electoral Bribery in Algerian Legislation

Electoral bribery is among the offences that strike at the very core of the democratic process and threaten the integrity of elections, owing to its direct effect on the voter’s will. From this perspective, this section presents a detailed legal examination of the offence, focusing on three essential points: the definition of the offense, the parties involved, and its fundamental constituent elements.

The definition determines the legal nature of the offense of electoral bribery and distinguishes it from other violations associated with the electoral process; the identification of the parties clarifies the scope of legal responsibility; and the material and moral elements establish the legal basis for proving the offense and the essential components for its legal and criminal classification in light of the provisions of Ordinance Nos. 21–01.

First: Definition of Electoral Bribery

Elections constitute a fundamental pillar of the democratic process; however, certain unlawful practices may compromise their integrity and affect voters’ freedom of choice. Among the most salient of these practices is electoral bribery. Accordingly, we establish a precise definition of the latter, thereby identifying its legal framework.

1. Linguistic Definition of Bribery:

Bribery is a term derived from the verb irtašā (rašā), namely, that which is given to invalidate a right and to validate falsehood.[3]

2. Technical Definition of Bribery:

It is the means by which an individual pursues his private interests without lawful entitlement. It is the means employed to influence the holder of a public or private office to make a decision or to perform an unlawful act that contravenes the law and the public interest.[4]

There is a clear distinction between bribery and a gift, for some may imagine that what they have taken falls within the category of a gift, and this is a lawful assumption entertained by those of weak character.[5]

3. Definition of Electoral Bribery:

Electoral bribery may be defined as trafficking in public elections; that is, where a candidate, or a person acting on his behalf, reaches an agreement with a voter or a group of voters to provide a particular benefit in return for casting their votes in a specified manner or abstaining from voting.[6]

It also denotes any benefit, gift, donation, or promise intended to compromise voting freedom by influencing voters’ will to induce them to elect a particular candidate or to abstain from voting, thereby undermining the electoral process.[7]

Accordingly, on the basis of these definitions, electoral bribery may be defined as the unlawful means a candidate employs to influence voters’ decision-making during the voting process so that the outcome favours him.

4. Position of the Algerian Legislator on the Offence of Electoral Bribery:

The Algerian legislature expressly provided for the offense of electoral bribery in Article 300 of Ordinance No. 21–01 by identifying the respective capacities of the briber and the bribed party, as well as the means used in bribery. The provision states: “. . . whoever offers gifts, whether in cash or in kind, or promises to offer them; likewise, whoever promises public or private posts, or other private advantages, with the intention of influencing a voter or several voters when casting their ballots; whoever obtains or attempts to obtain their votes, whether directly or through another; and whoever induces or attempts to induce a voter or several voters to abstain from voting by the same means. The same penalties apply to those who accept or request the same gifts or promises. “[8]

This provision shows that the Algerian legislature did not specify a temporal duration for electoral bribery, leaving the concept broad to encompass all stages of the electoral process.

It also omitted other forms of electoral bribery related to administration and candidacy, confining the provision to those connected with voting and securing voters’ votes; thus, it addressed only a single type.[9]

Second: Parties to the Offence of Electoral Bribery

The offence of electoral bribery presupposes the existence of specific parties that interact to unlawfully influence the voter’s will. These parties principally consist of the briber, who offers the benefit, and the bribed party, who receives it, in addition to anyone who contributes to or intermediates in the completion of this unlawful conduct.

1. The Briber:

The briber is the person who offers the gift or the Promise thereof so that an act can be performed for him or her or that it can be refrained from. In ordinary bribery, the citizen has the need and interest; in electoral bribery, the candidate or another person does. Jurists refer to the offense committed by the briber, namely, the person of need and interest, as the offense of active bribery.[10]

Notably, the briber may be a single person, represented by the candidate, or a group of individuals, represented by members of the candidate’s party, in which case the offense becomes multiparty.

2. The Bribed Party:

The bribed party is the person who accepts a benefit offered to him or her or a promise thereof or who requests something of that kind in return for performing an act or refraining from performing an act. He is the official in the offense of bribery in the sphere of public service and the voter in the offense of electoral bribery. Jurists term the offense of passive bribery the offense committed by the bribed party.[11]

3. The Intermediary in Electoral Bribery:

A close reading of Article 300 of Ordinance No. 21–01 shows that it expressly refers only to the parties to the offense, namely, the briber and the bribed party, while omitting any mention of the intermediary between them. It is evident that, in certain situations and transactions, a third party may mediate the relationship between the person in need and the recipient of the bribe. It would have been more appropriate for the Algerian legislature to draw attention to, or encompass, this point so that certain parties to the offence do not evade punishment under the principle that there is neither crime nor punishment except pursuant to a legal text.

Third: Constituent Elements of the Offence of Electoral Bribery

Electoral bribery is constituted by a set of elements that must be present for the offense to arise. These include the material element, represented by the offering or acceptance of a benefit; the mental element, founded on the intention to exert unlawful influence over the voter’s will; and, in addition, the legal element, whereby an express statutory provision criminalises the act.

1. Material Elements:

This consists of any physical conduct manifested in the giving, offering, or acceptance of material or immaterial advantages capable of influencing another’s will. This element requires a tangible act that links the benefit offered to the unlawful objective sought to be achieved.

a. Offering:

This is the positive conduct through which the briber expresses his desire to provide gifts, whether in cash or in kind, to the bribed party in return for influencing a voter or several voters when casting their ballots. In doing so, he makes an offer and awaits acceptance. The offering may be explicit or implicit; it may also be direct or indirect. The bribed party may aim at one of two forms: either influencing a single voter or a group of voters when voting, in favour of a specified candidate, party, or particular party list; or, in the second form, inducing abstention from voting in favour of a candidate or party.[12]

b. Promise:

This is the explicit expression by the briber, proceeding from his free will, by which he promises to provide gifts, whether monetary or in kind, to the bribed party, or promises him public or private posts, or other private advantages, with the intention of influencing a voter or several voters to vote for a candidate or party, or to abstain from voting for a candidate or party.[13]

Thus, criminal conduct in the offense of bribery takes two forms:

  1. Request: This consists of the voter’s or another person’s expression of his will to obtain a consideration in return for voting for a particular person or abstaining from doing so, whether by speech, in writing, or even by gesture. If the person having the interest accedes to the request, the offence is established and complete. Even if the requester is refused, the offense remains established by virtue of the bribed party’s offense. In both cases, electoral votes are manipulated and treated as objects or commodities, thereby harming the electoral process.[14]
  2. Acceptance: This is an expression of a will directed towards receiving the consideration sooner or later. If it indicates anything, it indicates the existence of a prior offer; no particular form is needed.[15]

2. The Mental Element:

The general criminal intent required for the offense of electoral bribery consists of the perpetrator’s will to request a bribe, accept it, or accept a promise thereof, as explained above, with full knowledge and awareness that accepting a bribe in return for casting his vote for a particular candidate or political party, or abstaining from voting for a candidate or political party, constitutes unlawful conduct. In addition, the offence requires a specific criminal intent, namely, the intention to trade in his electoral duty, that is, the intention to carry out what is requested of him, on the basis that the benefit offered to him is the price or consideration for performing what is needed.[16]

3. The Legal Element:

Jurisprudence has defined the legal element as the unlawful character of the act. This element presupposes that the act falls within the scope of a criminalising provision; that is, it satisfies all the conditions that render the provision applicable.[17]

The Algerian legislature has expressly provided for the offense of bribery in the various laws regulating elections, most recently in Ordinance No. 21–01, Article 300, which sets out the offense and the penalties prescribed for it. Accordingly, alongside the material and mental elements, the legal element is also present, thereby completing the constituent elements of the offence and rendering it established and complete.

Section Two: Electoral Bribery between Methods of Execution, Its Repercussions, and the Sanctions Prescribed to Combat It

Identifying the means used in electoral bribery assists in precisely determining criminalised conduct and thereby facilitates the determination of the parties’ responsibility, enabling the practical application of the penalties imposed. On this basis, this section sets out the range of means employed and the various consequences arising therefrom and, accordingly, the sanctions imposed on perpetrators.

First: Means of Committing the Offence of Electoral Bribery

The means employed in electoral bribery range from direct methods, which rely on the provision of money or gifts, to indirect methods, which exploit influence or offer promises of services and benefits. These practices aim to exert unlawful influence over voters’ will and to undermine the integrity of the democratic process.

1. Monetary or In-Kind Gifts:

Such gifts may be paid in advance or take the form of deferred promises. This financial payment is typically made in cash rather than by cheque, since it is logical to avoid cheques to prevent tracing of banking transactions, lest the unlawful act undertaken be revealed.[18]

2. Provided services and benefits:

This form of electoral money is offered, in particular, to a voter who has the capacity to influence a group of voters and lead them to secure their positions and choices during elections, whether by mobilising support and thus preventing a vote for a particular candidate or by inducing a rival candidate to withdraw from standing in favour of the person providing the money. Among such services is the promise of public or private employment.[19]

Second: Effects of the Offence of Electoral Bribery

Involving citizens in the management of public affairs is a manifestation of participatory democracy, in which citizens are allowed to choose their legal representatives to govern on their behalf. This is provided for in Article 25 of the International Covenant on Civil and Political Rights, which states: “Every citizen shall have the following rights, without any of the distinctions mentioned in Article 2, and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country. “[20]

The constitutional founder likewise expressly affirmed the right of Algerian citizens to stand for election and to vote whenever the legal conditions are met. Article 56 of the 2020 constitutional amendment provides the following: “Every citizen who meets the legal conditions has the right to vote and to be elected.”[21]

On this basis, electoral bribery produces grave effects that strike at the essence of the democratic process: it corrupts voters’ will and distorts electoral outcomes; it also undermines trust in elected institutions, weakens the legitimacy of political representation, and threatens societal stability. Accordingly, it is appropriate to draw attention to specific serious effects resulting from the offense of electoral bribery, given its ease of commission and spread and, consequently, the difficulty of proof. Some of its manifestations, which have adverse repercussions in the short and long term, may be noted as follows:

  1. Undermining the Principles of Justice and Equality among Voters:
  2. A candidate does not attain victory as a right earned through voters’ confidence and their free and reasoned choice; instead, he secures victory by virtue of his financial position. Accordingly, victory and power come to rest in the hands of the one who pays, not of the one who deserves them.[22]
  3. Encouraging and Entrenching Corruption
  4. This is reflected in the spread of the buying and selling of votes and the relinquishment of certain rights, particularly in favour of the candidate through political money, thereby depriving those who lack money, influence, and wealth of access to elected bodies and standing in elections.[23]

Third, Sanctions Prescribed for the Offence of Electoral Bribery

The perpetrators of the offense of electoral bribery are subjected to stringent legal sanctions aimed at protecting the integrity of the electoral process and, consequently, the integrity of electoral results by deterring those who manipulate it. These sanctions include financial fines and custodial penalties. The Algerian legislature has specified penalties for the offense of electoral bribery in Article 300 of Ordinance No. 21–01, providing imprisonment of two (2) to ten (10) years and a fine of 200,000 DZD to 1,000,000 DZD.[24]

What may be criticised in the approach of the Algerian legislature is that it incorporated, within the text itself, the principal penalties for the offence of electoral bribery while neglecting the ancillary penalties that accompany them.

This penalty is also lifted from any person who reports the offense. The third paragraph of the aforementioned article provides the following: “Any person who commits or participates in the acts set forth in this article shall be exempt from this penalty if, before the commencement of prosecution proceedings, he reports them to the administrative or judicial authorities.” This applies where the competent authorities have not initiated criminal prosecution proceedings. Where such proceedings have already been initiated, the reporting person benefits from the mitigating circumstances provided for in the final paragraph of Article 300, which states: “The penalty shall be reduced by half if the competent authorities are informed after the commencement of prosecution proceedings.”

Conclusion:

The study of the offense of electoral bribery demonstrates that Ordinance Nos. 21–01 introduced significant reforms to protect the popular will and ensure the integrity of elections by tightening sanctions and activating oversight mechanisms. Notwithstanding the evident legislative development, the effectiveness of the provision remains contingent upon the extent of its implementation in practice, which necessitates strengthening mechanisms of prevention, detection, and public awareness. Accordingly, combating electoral bribery is not merely a legislative task; rather, it is an integrated process in which authorities, institutions, and citizens participate to ensure fair and transparent elections that reflect the voters’ free and genuine will.

Through our study of the offense of electoral bribery in light of the provisions of Ordinance Nos. 21–01 relating to the Electoral Law, we have reached the following conclusions:

  1. Ordinance No. 21–01 adopts a broad definition of electoral bribery that encompasses various forms of benefits offered to influence voters’ will.
  2. The scope of liability has been expanded to include the candidate, the intermediary, the beneficiary, and anyone who participates in the unlawful influence process.
  3. Practical mechanisms for detecting electoral offences continue to face significant challenges, including identifying intermediaries and uncovering unreported offences.
  4. The preventive role still requires reinforcement, particularly with respect to campaign financing and voter awareness.

On the basis of these findings, the following recommendations are proposed:

  1. Greater emphasis should be placed on electoral bribery, and public awareness campaigns should be launched to inform citizens of its seriousness and its impact on the state’s future.
  2. The range of sanctions prescribed for the offense of electoral bribery should be expanded to include ancillary penalties.
  3. A penalty for the intermediary in the offense of electoral bribery between the briber and the bribed party should be expressly established.
  4. Oversight mechanisms over the electoral process should be further strengthened to deter electoral bribery, including by enhancing the field supervision conducted by the National Independent Authority for Elections during electoral campaigns.
  5. Mechanisms for reporting electoral offences should be developed through secure digital platforms.
  6. Civil society and the media should be involved in combating electoral corruption.

Sources and References

A. Constitutions

  1. Constitutional Amendment of 2020, as amended by Presidential Decree No. 20–442, dated 15 Jumada al-Ula 1442 (30 December 2020), concerning the promulgation of the constitutional amendment approved by the referendum of 1 November 2020, Official Gazette of the People’s Democratic Republic of Algeria (O.G.), no. 82 (30 December 2020).

B. International Conventions

  1. International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification, and accession by the United Nations General Assembly Resolution 2200A (XXI) of 16 December 1966; entry into force: 23 March 1976, pursuant to Article 49. Human Rights Library, University of Minnesota. https://www.onlinelibrary.iihl.org.

C. Legislation

  1. Ordinance No. 21–01, dated 26 Rajab 1442 (10 March 2021), promulgated the Organic Law relating to the electoral system, Official Gazette (O.G.), no. 17 (10 March 2021).

D. Scholarly Articles

Amhammadi, Zinebb, and Jamal Abd al-Karim. “Corruption in the Electoral Process: Electoral Bribery as a Model.” Journal of Law and Human Sciences 15, no. 2 (2022): 504–19.

Bin Shannaf, Manal, and Atwi, Maryam. “The Offence of Electoral Bribery in Algerian Legislation in Light of Its Latest Amendments.” International Journal of Law and Business, Hassan I University, 11 May 2018. Article published at: https://www.droitetentreprise.com.

Al-Said, Thabti, and Muhammad al-Akhdar Bin Imran. “The Offence of Electoral Bribery under the Provisions of Organic Law No. 16–10 Relating to the Electoral System, as Amended and Supplemented.” Sawt al-Qanun 7, no. 2 (November 2020): 654–74.

Muhammad, Shatih. “The Offence of Electoral Bribery in Light of Palestinian Legislation: An Analytical Study.” Journal of Judicial Ijtihad 15, no. 2, serial no. 32 (November 2023): 9–26.

Yaish, Tamam Shawqi. “The Offence of Electoral Bribery between Electoral Legislation and Judicial Application: A Comparative Study (Algeria, Tunisia, Morocco) as a Model.” Jil Journal of Advanced Legal Research, no. 15, August 2017. Article published at: https://jirc.com.

Hanan, Brahimi. “A Reading of the Provisions of Article 25 of Law 06–01 Relating to the Prevention of and Fight against Corruption.” Journal of Judicial Ijtihad 4, no. 5 (December 2009): 133–51.

Woueld Muhammad, Abd al-Qadir. “Repression of Electoral Crime in Light of Ordinance No. 21–01 Promulgating the Organic Law Relating to the Electoral System.” Journal of Law and Human Sciences 18, no. 2 (2025): 448–70.

E. Doctoral Dissertations

  1. Dahmri, Yamina. “Electoral Corruption in Algeria.” PhD dissertation, Faculty of Law and Political Science, University of Martyr Hamma Lakhdar–El Oued, 2022–2023.

F. Master’s Theses

  1. Dhiyab, Hala Ismail. “The Offence of Electoral Bribery.” This research paper was submitted by Hala Ismail Dhiyab to the College of Law as part of the requirements for the Bachelor of Laws, College of Law and Political Science, University of Diyala, 2017.

[1] The Algerian legislator defined the concept of an electoral offence by providing for it in Article 2 of Ordinance No. 21–01 promulgating the Organic Law on the Electoral Law, stating that it is: “Any act punishable by law, whatever its type, committed by any means whatsoever, that is capable of undermining or obstructing electoral and referendum operations.”

[2] Ordinance No. 21–01, dated 26 Rajab 1442 (10 March 2021), promulgating the Organic Law relating to the electoral system, Official Gazette of the People’s Democratic Republic of Algeria (O.G.), no. 17 (10 March 2021).

[3] Al-Said Thabti and Muhammad al-Akhdar Bin Imran, “The Offence of Electoral Bribery under the Provisions of Organic Law No. 16–10 Relating to the Electoral System, as Amended and Supplemented,” Sawt al-Qanun 7, no. 2 (November 2020): 657.

[4] Amhammadi Zineb and Jamal Abd al-Karim, “Corruption in the Electoral Process: Electoral Bribery as a Model,” Journal of Law and Human Sciences 15, no. 2 (2022): 511.

[5] Hanan Brahimi, “A Reading of the Provisions of Article 25 of Law 06–01 Relating to the Prevention of and Fight against Corruption,” Journal of Judicial Ijtihad 4, no. 5 (December 2009): 135.

[6] Bin Shannaf Manal and Atwi Maryam, “The Offence of Electoral Bribery in Algerian Legislation in Light of Its Latest Amendments,” International Journal of Law and Business, Hassan I University, 11 May 2018, article published at: https://www.droitetentreprise.com

[7] Hala Ismail Dhiyab, “The Offence of Electoral Bribery,” research paper submitted by Hala Ismail Dhiyab to the College of Law as part of the requirements for the Bachelor of Laws, College of Law and Political Science, University of Diyala, 2017, 13.

[8] Article 300 of Ordinance No. 21–01.

[9] Yamina Dahmri, “Electoral Corruption in Algeria,” PhD dissertation, Faculty of Law and Political Science, University of Martyr Hamma Lakhdar–El Oued, 2022–2023, 94.

[10] Yaish Tamam Shawqi, “The Offence of Electoral Bribery between Electoral Legislation and Judicial Application: A Comparative Study (Algeria, Tunisia, Morocco) as a Model,” Jil Journal of Advanced Legal Research no. 15 (August 2017), article published at: https://jirc.com

[11] Yaish Tamam Shawqi, ibid.

[12] Al-Saeed Thabti and Muhammad al-Akhdar Bin Imran, op. cit., 662.

[13] Ibid.

[14] Hala Ismail Dhiyab, op. cit., 14.

[15] Ibid.

[16] Woueld Muhammad Abd al-Qadir, “Repression of Electoral Crime in Light of Ordinance No. 21–01 Promulgating the Organic Law Relating to the Electoral System,” Journal of Law and Human Sciences 18, no. 2 (2025): 461.

[17] Muhammad Shatih, “The Offence of Electoral Bribery in Light of Palestinian Legislation: An Analytical Study,” Journal of Judicial Ijtihad 15, no. 2, serial no. 32 (November 2023): 15.

[18] Amhammadi Zineb and Jamal Abd al-Karim, op. cit., 514.

[19] Amhammadi Zineb and Jamal Abd al-Karim, ibid.

[20] International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification, and accession by United Nations General Assembly Resolution 2200A (XXI) of 16 December 1966; entry into force: 23 March 1976, pursuant to Article 49. Human Rights Library, University of Minnesota. https://www.onlinelibrary.iihl.org

[21] Constitutional Amendment of 2020, as amended by Presidential Decree No. 20–442, dated 15 Jumada al-Ula 1442 (30 December 2020), concerning the promulgation of the constitutional amendment approved by the referendum of 1 November 2020, Official Gazette of the People’s Democratic Republic of Algeria.

[22] Amhammadi Zineb and Jamal Abd al-Karim, op. cit., 516.

[23] Amhammadi Zineb and Jamal Abd al-Karim, op. cit., 515.

[24] Article 300 of Ordinance No. 21–01.

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