58. What sanctions are provided for political finance infractions?
Lithuania
- Fines
- Prison
- Forfeiture
- Loss of public funding
- Deregistration of party
- Loss of nomination of candidate
- Other
- Suspension of public funding
Articles 19.12, 20.4, 27.6, 29.4, Law on political parties, as last amended on 28 November 2019, No XIII-2565.
Article 6, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25.
Article 39.5(1),(2), Law on elections to municipal councils, as last amended on 14 January 2020 No XIII-2786.
Article 93, Code of Administrative Offences of the Republic of Lithuania, as last amended on 25 June 2015 No XII-1869.
Article 1751, Criminal Code of the Republic of Lithuania, as last amended on 28 November 2019 No XII-2558.
Article19.12 of the Law on political parties: If a political party accepts and uses funds from unauthorized sources of political party funding, the Central Electoral Commission shall adopt a decision ordering the political party to transfer to the state budget the same amount that the political party has accepted or used from unauthorized sources of political party funding, except in cases where, due to a serious violation of the law, the political party has not been allocated state budget appropriations (forfeiture).
Article 20.4 of the Law on political parties: Where the Central Electoral Commission recognizes that a political party has grossly violated this Law, or has made a gross violation of the funding of a political campaign, such political party shall not be allocated state budget appropriations for a period of up to two years counting from the date of entry into force of the decision. If it is established that a political party has violated the requirements established in Article 26(3) of this law, upon the decision of the Central Electoral Commission the amount of the state budget appopriations corresponding to the value of unpublished contracts concluded in accordance with the Law on public procurement, shall not be allocated to the political party.The state budget appropriations which are not allocated due to the said reasons shall be returned to the state budget (loss of public funding).
Article 27.6 of the Law on political parties: When monitoring the funding of political parties, the Central Electoral Commission has the right to address a political party in writing and receive information from it. A political party must submit the available information and documents required for the performance of the functions of the Central Electoral Commission no later than by the end of the term specified in the letter of the Central Electoral Commission. In case of failure to provide the information or documents necessary to decide whether a political party has committed a gross violation of this law, the Central Electoral Commission has the right to suspend the allocation of state budget appropriations until the information and documents referred to in this paragraph are submitted (suspension of public funding).
Article 29.4 of the Law on political party: If it is established that activities of a political party is inappropriate, the court may apply one of the following measures:
1) to temporarily terminate the powers of members of the governing bodies of the political party;
2) to obligate the political party, its governing bodies or their members to carry out specific actions or not to carry out them;
3) to liquidate the political party (deregistration of party).
Article 6 of the Law on funding of, and control over funding of, political campaigns: A political party or any other independent political campaign participant shall forfeit the status of an independent political campaign participant when the Central Electoral Commission revokes not later than nine days before the election or referendum date the registration of a political party as an independent political campaign participant because of gross violations of this Law (loss of nomination of candidate).
Article 39.5(1),(2) of the Law on elections to municpal councils: Upon the expiration of the period of political campaign, the Central Electoral Commission shall refund the electoral deposit to the parties, election committees or persons who were declared by themselves to be candidates for municipal councillor - mayor, provided that:
1) a partcipant of a political campaign in accordance with the terms provided for in the Law on Funding of, and Control Over Funding of, Political Campaigns together with a political campaign funding statement, submits its annexes and the documents substantiating political campaign proceeds and expenditure;
2) candidates did not violate Article 6 of this law, or did not grossly violate the Law on Funding of, and Control Over Funding of, Political Campaigns (loss of election deposit).
Article 93 of the Code of Administrative Offences determines fines for the various violations of the Law on Funding of, and Control Over Funding of, Political Campaigns in relation to donations, funding of political campaign participants, accounting procedure for political campaign expenditure from 30 to 5800 EUR (fines).
Article 1751 'Illegal funding of political parties and political campaigns' of the Criminal Code:
1. A person who has unlawfully provided funds or other support exceeding the amount of 500 BSB (Basic Social Benefit) to finance, directly or indirectly, a political party or political campaign, or has unlawfully received or used such funds or support in the activities of a political party or political campaign, shall be punishable by a fine or imprisonment for a term not exceeding four years (prison).
2. A legal person shall also be liable for the acts provided for in this Article.