58. What sanctions are provided for political finance infractions?

'Sanctions regarding political finance violations occurred during non-electoral campaign period are covered by the Law on Political Parties as follows: - Violation of legal dispositions on political parties' financing by the responsible person for finances within the political party or the person assigned as in its respective statute is subject to a fine ranging from 50,000 ALL (approximately 480 USD) to 100,000 ALL (approximately 960 USD). - The infringement of the obligation of the political party to cooperate with the certified accounting expert assigned by the Central Election Commission is subject to a fine of 1,000,000 to 2,000,000 ALL (approximately 9,615 to 19,230 USD). - Failure or refusal to make transparent the financial resources of the political party or to allow the auditing by the certified auditor of Central Election Commission to take place is subject to a fine ranging from 2,000,000 ALL (approximately 19,230 USD) to a five-year suspension of public funding for the political party. - The failure to submit the financial report within the assigned dealine or the submission of reports which fail to comply with the standardised template approved by the Central Election Commission is subject to a fine of 50,000 (approximately 480 USD) to100,000 ALL (approximately 960 USD). - Non-public funds received by the political party, if the identity of the donor is unknown or not clearly defined, shall be passed on to the Central Election Commission account. - Receipt of non-public funds excessing the amount of 100,000 ALL (approximately 960 USD) and not transferred through bank account is subject to a fine of 30% of the donated amount.' (Source: MoneyPoliticsTransparency.org. 2016. Albania.)
Article 173: Sanctions related to campaign financing1. A violation of the provisions on electoral campaign financing by the chief of finance of a political party is punishable by a fine of ALL 50,000 to 100,000.2. Failure of the electoral subject to co-operate with the CEC auditor is punishable by a fine of ALL 1,000,000 to 2,000,000.3. The refusal to make the financial resources of a campaign transparent, or to allow the auditor to exercise his/her activity is punishable by a fine of ALL 2,000,000 up to the suspension of the public financing of the political party for 5 years.4. Violations related to article 90 of this Code by the donor are punishable by a fine of 30 per cent of the amount donated.5. Violation of the maximum limit of expenses by the electoral subject is punishable by a fine of 10 per cent of the value above the limit allowed for expenses, in accordance with article 90 of this Code.

'Article 87: 8. The party, which does not return the respective funds, based on point 6 of this article, within 90 days, loses the right for new financing from public funds for a period of no less than 5 years, and is not registered as an electoral subject in the next elections, regardless of their type, either alone or as a member of a coalition.' (Source: The Electoral Code of the Republic of Albania, No. 10019/29.12. 2008, as amended No. 31/02.04.2015)

'Article 328: Provision of remunerations and promises. Offering or provision of money or material goods, making promise for jobs or for other advantages in whatever form, for the purpose of receiving the signature for the submitting the candidate, for voting in a certain way, or for participating or not in voting process, constitutes penal misdemeanour and is sentenced by imprisonment from six months up to two years. Acceptance of money, material goods, promises and other advantages against the accomplishment of above-mentioned actions, constitutes penal misdemeanour and is sentenced by fines.' (Source: Criminal Code of the Republic of Albania, No 7895/1995, Compilation date: 06.11.2015).

Fines and loss of public funding for up to 5 years.