58. What sanctions are provided for political finance infractions?

Afghanistan

Afghanistan

Answer
  • Fines
  • Prison
Source

Article 98.1 (§5, §11, and §31) and 98.2 (§4, §6, §7 and §15), Election Law, 2016. https://www.refworld.org/docid/5adf31924.html 

 

Article 99.1 (§1, §2, §6, §7 and § 15) and 99.2 (§1, §2, §4 and §9),  Election Law, 2016. https://www.refworld.org/docid/5adf31924.html 

Comment

Refraining from timely reporting or providing false reports regarding financial affairs of electoral campaign shall pay a cash fine of ten thousand (10,000) up to thirty thousand (30,000) Afghanis; Spending in excess of the limit set by the procedure stated in Article 77 of this Law for electoral campaigns shall pay ten percent of the spending in excess of the set limit for electoral campaigns;  Conduct of any campaigns in favor or against a candidate by a government employee shall a cash fine of ten (10,000) Afghanis; and ) Use of government’s assets, facilities and resources in electoral campaigns shall pay an amount of fifty thousand (50,000) up to eighty thousand (80,000) Afghanis.

Election Law of 2016 (Art. 99.1 and 99.2) defines  the following election crimes and corresponding punishments: 1- Misuse of military tools and signs including of the army, police and national security ... in favor of or against a candidate shall be sentenced to short-term imprisonment of not less than three months.; 2- Receiving or offering bribes for the purpose of exerting influence in the electoral processes shall, in addition to being deprived of the rights under this law, be sentenced to 5 years in prison, the maximum short-term imprisonment.; […] 6- Receiving funding from illegal sources and  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 shall be sentenced to mid-term imprisonment of up to three years.; […] and 15- Buying and selling of the votes shall be sentenced to medium-term imprisonment of up to three years.;

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