I can't read German so this is clearly second hand information. The German Supreme Court considered that e-voting was unsafe and thus unconstitutional, although in the elections at stake in the appeal, it refused to strike down the results for no proof of mistakes.
Again, the issue of clearly an issue of security and transparency, criminal law being really of last resort.
"German Court Says E-Voting Was Unconstitutional" (TechDirt, 5 March 2009)
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