58. What sanctions are provided for political finance infractions?

Serbia

Serbia

Answer
  • Fines
  • Prison
  • Forfeiture
  • Loss of public funding
Source

"Whoever gives, and/or provides for and on behalf of the political entity, funds for financing of the political entity contrary to the provisions of this Law with intent to conceal the source of financing or amount of collected funds of the political entity, shall be punished with imprisonment from three months to three years. If the offence referred to in para 1 involved giving or receiving more than one million and five hundred thousand dinars, the offender shall be punished with imprisonment from six months to five years. Whoever commits violence or threatens violence, places in disadvantageous position or denies a right or interest based on law to a natural person or legal entity based on giving donation to a political entity, shall be punished by imprisonment of three months to three years. Funds referred in paragraphs 1 and 2 of this Article shall be confiscated."

"A political party shall be fined from 200,000 to 2,000,000 RSD for a misdemeanour if it:

1) Receives funds contrary to Article 8 paragraph 3 hereof; 2) Fails to publish donations in accordance with Article 10 paragraphs 3 and 4 hereof; 3) Acts contrary to Article 11 hereof; 4) Acts contrary to prohibition specified in Article 12 paragraph 3 hereof; 5) Acts contrary to prohibition specified in Article 13 hereof; 6) Acquires income contrary to Article 14 hereof; 7) Fails to remit funds in accordance with Article 15 hereof; 8) Opens multiple accounts contrary to Article 18 hereof; 9) Uses funds contrary to Articles 19 and 23 and Article 24 paragraphs 3 and 4 hereof; 10) Fails to open a separate account for financing of electoral campaigns pursuant to Article 24 hereof; 11) Fails to keep records pursuant to Article 27 hereof; 12) Fails to submit the annual statement pursuant to Article 28 paragraph 1 hereof; 13) Fails to publish the financial statement on its website10 within the time frame set forth in Article 28 paragraph 2 hereof; 14) Fails to submit the report on electoral campaign costs pursuant to Article 29 hereof; 15) Acts contrary to Article 30 hereof; 16) Fails to appoint the authorized person, fails to report change in authorized person or notify the Agency thereof, in accordance with Article 31 paragraphs 3 and 4 hereof; 17) Fails to provide access to the Agency pursuant to Article 32 paragraph 1 hereof; 18) Fails to submit to the Agency documents, information and data pursuant to Article 32 paragraphs 2 and 3 hereof; 19)Fails to act in accordance to the pronounced warning measure (Article 37 paragraph 2). The responsible person of a political party or other political entity shall also be fined from 50,000 to 150,000 RSD for offences specified in paragraph 1 of this Article. Funds obtained through commission of misdemeanours specified in paragraph 1 items 1), 3) through 7), 9) and 15) of this Article shall be confiscated."

"In case of conviction for a criminal offence specified in Article 38 hereof or if a political party or responsible person of a political entity is fined for misdemeanour specified in Article 39 hereof, the political entity shall lose the right to funds from public sources dedicated for financing of the political entity in the amount set forth pursuant to paragraphs 2 and 4 of this Article."

Source: Articles 38, 39, 42, Law on financing political activities, 2014 consolidated text

 

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