What types of sanctions can be imposed for campaign finance infractions?

Loi du 4 juillet 1989 relative ? la limitation et au contr?le desd?penses ?lectorales engag?es pour les ?lections des conseils

July 1989

art. 12, ?1er:

Sans pr?judice de l’article 1er, 4?, alin?as 4 et 5, la Commission decontr?le statue, dans les cent quatre-vingts jours apr?s le jour des ?lections,en r?union publique, dans le respect des droits de la d?fense et apr?s avoirpris connaissance de l’avis rendu par la Cour des comptes conform?ment ?l’article 11bis, sur l’exactitude et l’exhaustivit? des rapports vis?s ?l’article 94ter du Code ?lectoral , ?tant entendu que la commission dispose entout cas de nonante jours apr?s son installation. En vue de l’accomplissementde sa mission, elle peut, conform?ment ? la proc?dure pr?vue par son r?glementd’ordre intérieur, demander toutes les informations compl?mentaires, quiseraient n?cessaires ? sa t?che.

Without prejudice to Article 1, 4,paragraphs 4 and 5, the Commission of Control statues, one hundred andeighty days after Election Day, in a public meeting, and in accordance with therights of defence and after reading the opinion of the Court of Auditors asestablished in Article 11bis, the accuracy and completeness of the reportsreferred to in Article 94ter of the Electoral Code [campaign expenses],provided that the commission had at least ninety days to be installed. In orderto fulfil its mission, it may, in accordance with the procedure laid down inits rules of procedure, request any additional information that would benecessary for its task

http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1989070434

The Act of 4 July 1989 on the financing of political parties and election campaigns lays down sanctions for failure to comply with most of its provisions. These are applicable to both parties and individual candidates as well as to both donors and recipients. In some cases, for example parties or third parties using prohibited means for electioneering, such as the use of tables and posters or the sale of gadgets during the election period, there are no penalties. [...] Penalties like cessation of the federal or regional public allocation are ordered by the relevant commission. Some of them, acting with a quasi-judicial function, may also order disqualification from office. Otherwise this falls within the jurisdiction of the administrative courts. The other sanctions, and fines, are ordered by the court of first instance or the regional criminal court, depending on the case. Proceedings may be launched either by the crown prosecutors or by a complaint from one of the commissions in the course of their monitoring activities, or by complaint from citizens or candidates.Failure by candidates to comply with section 2 paragraphs 1 to 3 (on limiting election advertising for elections to the federal chambers) is punishable by the penalties specified in Article 181 of the Electoral Code (up to eight days’ imprisonment and or a fine of EUR 275 to EUR 2750), as far as individuals are concerned17. The same penalties apply in the event of failure to declare expenditure and/or the source of funding within the specified time limits, and to certain types of election advertising during the three months preceding elections. If a party exceeds the thresholds on campaign expenditures, the penalty is loss of the right to federal funding for 1 to 4 months. [...] Moreover, a candidate, elected member or anyone acting in the name and on behalf of a political party who accepts a donation in breach of the law on the source, registration, identification and financial recording of donations may be liable to the following penalties: a) for the individual: a fine of EUR 26 to 100 000; b) for the party: loss of federal grant of twice the amount of the donation. The general part of the Criminal Code, particularly the parts concerning confiscation and offences committed by a group as an aggravating circumstance, are all explicitly applicable. [...] Failure to present a list of donations with the identity of the donors, or presenting it outside the time limit, is punishable: a. for political parties and their components by the loss of 1 to 4 months' federal funding; b. for elected members by a fine of EUR 26 to 100 000. Candidates who do not already hold elective office and who would not provide the list of donations with the identity of donors within 45 days after the election are subject to the penalties of article 181 of the Electoral Code (see above, paragraph 54). [...] Donors who make a donation to a party, one of its components, whatever its legal form, a list, a candidate or an elected member in breach of section 16 bis of the Act of 4 July 1989 on the source, registration, identification and financial recording of donations are liable to a fine of EUR 26 to 100 000. Once again, it is stated explicitly that the whole of the general part of the Criminal Code is applicable. [...] The GET has not been able to examine all the other relevant legislation, in particular the 1994 acts on the financing of campaigns for the elections to regional, community and sub-regional parliaments, but these apparently specify similar penalties. The Flemish Region has its own specific regulations, which specify similar penalties, although some are more severe.'

(GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))

For detailed information see the sources.