58. What sanctions are provided for political finance infractions?

Afghanistan

Afghanistan

Answer
  • Fines
  • Prison
Source

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.

 

Article 99.2. The perpetrators of the electoral crimes stated in clause (1) of this Article shall be sentenced to punishments as below:
1- The perpetrator of the electoral crimes stated in section (1) shall be sentenced to short-term imprisonment of not less than three months.
2- The perpetrator of crimes stated in sections (2 and 3) shall, in addition to being deprived of the rights under this law, be sentenced to 5 years in prison, the maximum short-term imprisonment.

[…]

4- The perpetrator of crimes mentioned in sections (5, 6, 7 and 8) shall be sentencedto mid-term imprisonment of up to three years.

[…]

9- The perpetrator of the crime mentioned in section (15) shall be sentenced to medium-term imprisonment of up to three years.

Source: Article 99, Election Law, 2016.

Comment

The Election Law (Article 99 (1)) defines the crimes related to election finance as follows:

1- Misuse of military tools and signs including of the army, police and national security for the purpose of frightening or influencing a voter, candidate and or
monitor and observer in favor of or against a candidate;
2- Receiving or offering bribes for the purpose of exerting influence in the electoral processes;

[…]

6- Receiving funding from illegal sources;
7- Receiving or accepting financial assistances in cash or in kind from foreign citizens or states or diplomatic missions of the foreign countries based in Afghanistan;

[…]

15- Buying and selling of the votes;

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