58. What sanctions are provided for political finance infractions?

North Macedonia, Republic of

North Macedonia, Republic of

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

LAW ON FINANCING POLITICAL PARTIESIV. MISDEMEANOR PROVISIONSArticle 28Fine in the amount of Euro 1.000 to 2.000 in Denar counter-value shall be imposed to a natural person for a misdemeanor, while fine in the amount of Euro 5.000 to 10.000 in Denar counter-value shall be imposed for misdemeanor to the legal entity, should they act against the provisions referred to in Article 16 paragraph 1 of this Law.Fine in five to ten times the amount of the difference between the allowed and donated value shall be imposed to the political party for misdemeanor, should it act against Article 16 paragraph 2 of this Law.Fine in ten to twenty times the amount of the donated value shall be imposed for misdemeanor to the political party, should it act against Article 16 paragraph 3 of this Law.Article 29Fine in the amount of Euro 5.000 to 10.000 in Denar counter-value shall be imposed for misdemeanor to the political party that acts against Articles 25, 26 paragraph 3, 27 and 27-a of this Law.Article 32In case if the political parties more often than twice a year commit a misdemeanor, as stipulated by this Law, the same shall not be awarded budget funds in accordance with this Law in duration of one year.ELECTORAL CODE (2011)XIII. PENAL AND MISDEMEANOR PROVISIONSArticle 178(1) For acts of preventing the elections and voting, violating and abusing the right to vote, violating the voter?s freedom of choice, bribing during the elections and voting, destroying electoral documents and committing electoral fraud, shall be punished pursuant to the provisions of the Criminal Code.(2) For the criminal acts of Paragraph 1 of this Article the procedure is urgent.Article 181(1) A fine of 1,500 to 3,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a broadcaster if:- it does not comply to the rules from Article 75 paragraph (2) and (3) of this law; and- it does not provide equitable presentation of the participants of the electoral process (Article 75 paragraph (5) and Article 75-a paragraph (1)).(2) A fine of 300 to 1,000 EUR in MKD equivalent shall be imposed to the editor-in chief for the activities from paragraph (1) of this Article.Article 182(1) A fine of 3,000 to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a broadcasting or printed media if they:- broadcast additional time of paid political advertising per real hour, contrary to Article 75-a paragraph 1 of this law;- do not determine a pricelist for paid political advertising of election programmes of the participants in the electoral process (Article 75 paragraph (2));- do not publish the price list in the period from commencement and conclusion of the election campaign (Article 75-a paragraph (3));- make changes to the pricelist during the election campaign (Article 75-a paragraph (4));- do not submit the pricelists to relevant authorities (Article 75-a paragraph (5); and- do not allow for equitable presentation of the participants in the electoral process (Article 75-a paragraph (6).(2) A fine of 500 to 1,500 EUR in MKD equivalent for an offence shall be imposed to the editor in- chief for activities from paragraph (1) of this article.Article 188-a(1) A fine of 4,000 to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to the organizer of the election campaign if:- does not submit financial reports within the deadline foreseen in Article 84-b paragraphs (1) and (2) of this Code.Article 189(1) A fine of 4,000 up to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to an organiser of a political campaign that fails to submit a report on the financing of election campaign referred to in Article 85 of this Code, i.e. when financial means have been used for financing of election campaign in accordance with Article 83 of this Code(2) A fine of 4,000 up to 5,000 EUR in MKD equivalent for a misdemeanour shall be imposed to a political party for spending more funds during the election campaign than the amount defined in Article 84 of this Code.(3) A fine of 500 up to 1,500 EUR in MKD equivalent for misdemeanour shall be imposed to the responsible person of a political party for the activities referred to in paragraphs (1) and (2) of this Article.CRIMINAL CODEArticle 162(1) Whosoever offers, gives or promises a present or some other benefit to a person with voting right, with the intention to attract this person to perform, not to perform or how to perform the voting right, shall be sentenced to imprisonment of at least five years.(2) The sentence referred to in paragraph (1) shall be as well imposed to a person with voting right who requests for himself a present or some other benefit, or who receives a present or some other benefit, in order to perform, not to perform or to perform the voting right it in a certain manner.(3) If the benefit is of minor value, the offender shall be fined or sentenced to imprisonment of up to one year.(4) If the crime referred to in this Article is committed by a legal entity, it shall be fined.Abuse of funds for financing the electoral campaignArticle 165-a(1) Organizer of the electoral campaign who by not reporting the financial source in the electoral campaign, by preventing the supervision of the allocation of the projected funds, by not submitting financial report for the spent funds, by passing the legal limitations of the funds approved for the electoral campaign, by using unallowed funds for the electoral campaign, by payments contrary to the campaign for financing the campaign or who in any other manner abuses his entrusted authorization by law as organizer of the campaign, shall be sentence with minimum imprisonment of five years.(2) The sentence referred to in paragraph (1) of this Article shall also be pronounced to a responsible person in a legal entity that will not report donations or any other funds for financing the electoral campaign, and will prevent the supervision of the financing or assisting the electoral campaign in any other manner, will not submit a financial report or will provide false or incomplete data on given donations and other funds, will cross the legal limit of the funds approved for electoral campaign, will provide unallowed funds for the electoral campaign, will pay funds contrary to the intention for financing the campaign or will in any other manner abuse its authorization determined by law.(3) Whosoever contrary to the legal limitations secretly donates for another's electoral campaign or campaign for elections where he personally participates, in an amount higher than the legal maximum, shall be fined or sentenced with imprisonment of maximum three years.(4) If the crime referred to in this Article is committed by a legal entity, it shall be fined. (5) Illegally obtained funds shall be seized.

Comment
Fines for misdemeanors, excessive donations and other offences. Repeated offences can lead to loss of public funding. Vote buying and non-submission of financial reports can lead to imprisonment.
Close tooltip