57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Afghanistan
Article 97:
(1) Addressing instances of negligence and violation stated in this law is the duty of the Complaints Commission.
(2) The Complaints Commission investigate and identifies the crimes related to the electoral process; and refers the perpetrators to the relevant authorities for legal pursuit.
Source: Article 97, Election Law, 2016.
Article 98.
[…]
6. The perpetrator of violation stated in section (11) shall pay ten percent of the spending in excess of the set limit for electoral campaigns.
7. The perpetrator of violations stated in sections (12 and 13) shall pay a cash fine of ten (10,000) Afghanis.
[…]
15. The perpetrator of violations mentioned in sections (31 and 32) shall pay an amount of fifty thousand (50,000) up to eighty thousand (80,000) Afghanis, based on circumstances.
Source: Article 98, Election Law, 2016.
There are three election crimes related directly to campaign finance in the Election Law. These are:
Article 11. Spending in excess of the limit set by the procedure stated in Article 77 of this Law for electoral campaigns; Article 13. Conduct of any campaigns in favor or against a candidate by a government employee; and Article 31. Use of government’s assets, facilities and resources in electoral campaigns.