58. What sanctions are provided for political finance infractions?

Lithuania

Lithuania

Answer
  • Fines
  • Prison
  • Forfeiture
  • Loss of public funding
  • Deregistration of party
  • Loss of nomination of candidate
  • Suspension of political party
  • Other
Source

Law on political parties (2004, last amended 2021), Articles 19(12), 20(4), 27(6), 29(4)

Article 6, Law on funding of, and control over funding of, political campaigns, as last amended on 28 November 2019 No XIII-25.

Code of Administrative Offences of the Republic of Lithuania (last amended 2015), Article 93

Criminal Code of the Republic of Lithuania (2003, last amended 2021), Article 1751

Comment

Forfeiture - 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).

Loss of public funding - 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 the 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decision of the Central Electoral Commission the amount of the state budget appopriations corresponding to the value of unpublished contracts concluded in accordance with the Law on public procurement, shall not be allocated to the political party.The state budget appropriations which are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

Suspension of public funding - In case of failure to provide the Central Electoral Commission with the information or documents necessary to decide whether a political party has committed a gross violation of the law, the Central Electoral Commission has the right to suspend the allocation of state budget appropriations until the information and documents referred are submitted.

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).

Fines for 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 range from 30 to 5800 EUR.

Persons who have 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 have unlawfully received or used such funds or support in the activities of a political party or political campaign, are punishable by a fine or imprisonment for a term not exceeding four years.

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