What types of sanctions can be imposed for campaign finance infractions?
Greece
- Fines
- Withdrawal of public funding
- Removal from elected office
- Forfeiture
Law 3023/2002, Article 7
1. Funding and any kind of services to the parties and parliamentary candidates are prohibited iforiginating from: a. Individuals who are not Greek citizens; b. Legal entitiesof public or private law; c. Organizations of local administration of anylevel; d. Individuals who are owners or publishers of daily or periodic printingsof national or local circulation or are owners of radio or television stations,in general.
2. Funding to political parties is exempted from the interdiction of the above paragraph, case b), if itoriginates exclusively from companies and any kind of legal entities of privatelaw, whose shares or equity must be nominal and belong entirely to a politicalparty or, on behalf of the party, to itsleader or any other individuals authorised for this purpose by the relevantbody of the party.3. In case of fundingor other services in violation of paragraph 1 of this article, the person whoprovided the funded or the service shall be punished by imprisonment up to twoyears and a fine of at least thirty thousand (30,000) Euros. The same punishmentsapply for the responsible persons of the political parties according to article 15 or the parliamentary candidates who knew and accepted the funding or service.
Law 3023/2002, Article24: Penalties for political parties
1. Exceeding the limit of paragraph 2a of article 10of this law for the broadcasting by radio or television of messages fromparties and coalitions, is punished by a fine of up to 40% of the last regularfunding paid to them. If the party does not receive regular funding, it shallbe fined with up to one hundred and fifty thousand (150,000) Euros. 2. Failureto publish the annual balance sheet in time, as well as the situation ofelectoral income and expenditure of the party or coalition shall be punishedwith a fine equal to 5% of the regular or electoral funding paid to the partyor coalition.3. Incomplete or irregularkeeping and updating of the register of income and expenditure, of the balancesheet or of the special report of electoral income and expenditure shall bepunished with a fine of up to 10% of the last regular or electoral funding paidto it.4. Political parties that are funded or receive any kind of service fromentities or persons of article 7 paragraph 1 of this law shall be punished with a fine of up to 50% of the last funding paid to them. If the party does not receive regularfunding, it shall be fined with up to one hundred and fifty thousand (150,000)Euros.5. For parties and coalitions thatreceive only electoral funding from the State, the value of the fine specifiedin the previous paragraphs shall be calculated based on this funding.6.Exceeding the allowed ceiling for electoral expenses is punished by a fineequal to twice the excess amount. If such excess is greater than 50% of themaximum allowed value of the electoral expenses, no regular funding shall bereceived for the next year, in addition to the fine.7. A political party that receives funding in violation of article 8 paragraph 1 shall be punished by fine of upto 20% of the last regular funding paid to it or a fine of seventy -fivethousand (75,000) Euros, if it is a party that does not receive statefunding.8. For each violation of article 11, paragraph 1, case a), a fine shallbe applied equal to 5% of the last regular funding paid to the party or thecoalition, or a fine equal to fifteen thousand (15,000) Euros, if it is a partythat does not receive state funding.9. For each violation of article 11,paragraph 1, case b), a fine shall be applied equal to 10% of the last regular funding paid to the party or the coalition, or a fine equal to fifteen thousand (15,000) Euros, if it is a party that does not receivestate funding.
Law 3023/2002, Article 25: Penalties for parliamentarycandidates
1.In case of failure to submit in time or incompleteor irregular preparation of the analytical situation of electoral income and expenditure under article 20 paragraphs 1 and 2, a fineamounting to 10% of the yearly parliament member compensation shall beapplied.2. Parliamentary candidates who have received funding or other services from entities or persons under article 7 paragraph 1 shall be punished with afine of up to 50% of the yearlyparliament member compensation.3. Parliamentary candidates who have receivedfunding in violation of article 8 paragraph 2 shall be punished with a fine ofup to 20% of the yearly parliament member compensation. 4. In case of violationof the provisions of article 12, paragraph 1, cases a) and b), a fine shall be applied to the parliamentarycandidate up to the value of the yearly parliament member compensation,depending on the seriousness, the number and frequency of violation s, and onthe pollution and aesthetic damage.5. Subject to the reservation of the nextarticle, exceeding the ceiling for electoral expenses, as defined at article14, paragraphs 1 to 4, or exceeding the ceiling of electoral expenses foradvertisements in the press, as definedat article 14 paragraph 5 shall be punished by a fine up to ten times theexcess.6. In case of a violation of article 12, paragraph 1 case c), a fine shall be applied to the parliamentary candidate upto twice the annual parliament member compensation.7. In case of a violation of article 12, paragraph 1, cases e.ii), e.iii) and e.iv) of this law, regarding the political offices of parliamentary candidates, a fine shall be applied to the parliamentary candidate up to the valueof the annual parliament member compensation.
Losing Office:
Law 3023/2002, Article 26: Losing the parliamentmembership
1.In case of: a. violation of article 12, paragraph 1,case e.i) and b. violation of article 14, paragraphs 1 to 4, the Audit Commission of article 21 sends the file with all the documentary evidence and data to the Superior Special Court under article 100 of the Constitution which, after assessing the evidence, applies the penalty of losing the parliament membership.2. The Superior Special Court follows the procedure of Law 345/1976 (GG141A), as applicable in eachcase.3. A prerequisite for the acceptable contestation under article 39 of Law 345/1976 (GG141A) for losing the parliament membership under paragraph 1of this article is the prior submission of a written and nominative claim at the Local Commission for the Control of Electoral Violations,according to the special provisions of article 21 paragraph 9 of this law.
Forfeiture:
Law 3202/2003, Articles 18 and 19
Article 18/5: [...] A candidate for election whoknowingly accepted a contribution in excess of the allowed ceilings ispunishable with a fine up ten times the excess amount and forfeiture fromoffice after a disciplinary procedure
Article 19/1: A candidate for election who exceededtwice the amount of allowed electoral expenditure is punishable with forfeiturefrom office after a disciplinary procedure
http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoEval3(2009)9_Greece_Two_EN.pdf
