58. What sanctions are provided for political finance infractions?

Moldova, Republic of

Moldova, Republic of

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

(4) In case of repetition, during a calendar year, of the violation provided in par. (3) andof the application of the contravention sanctions for these violations, the Central Electoral Commission adopts a decision regarding the deprivation of the respective party of the right to the allocations from the state budget for a period from 6 months to one year.
Source: Art. 31(1), Law on Political Parties, 2007 (amended 2020)

(2) As an independent supervisory and control body regarding the financing of political parties and electoral campaigns, the Central Electoral Commission:[…]
g) applies or requests the application of the sanctions, provided by this code and by Law no. 294-XVI of December 21, 2007 on political parties, for violating the legislation on the financing of political parties and electoral campaigns, notifies the competent bodies on violations that are liable to contravention, criminal liability or violation of tax law;
Source: Art. 43(1), Electoral Code, 1997 (amended 2020)

(1) Falsification of reports on the financial management of political parties and / or reports on the financing of election campaigns with the intention of substituting or concealing the identity of donors, the volume of funds accumulated or the destination or volume of funds used shall be punished by a fine of 550 to 850 conventional units or by imprisonment for up to 3 years, in both cases deprived of the right to hold certain positions or to exercise certain activities for a term of up to 5 years.
(2) The use of administrative resources (public goods), including favoring or consenting to the illegal use of administrative resources (public goods) in election campaigns, if large-scale damage has been caused, is punishable by a fine of 4,000 to 6,000 conventional units or imprisonment for up to 3 years, in both cases with deprivation of the right to hold certain positions or to exercise certain activities for a term of 2 to 5 years .
(3) Extortion or extortion of donations for political parties and / or for electoral funds is punishable by a fine of 550 to 850 conventional units or unpaid community service from 100 to 200 hours, or imprisonment for up to 4 years, in all cases with deprivation of the right to hold certain positions or to carry out certain activities for a period of 1 to 5 years.
(4) The use contrary to the destination of the allocations from the state budget for the political parties or of the means from the electoral fund, if this has caused damages in large proportions, shall be punished by a fine of from 4000 to 6000 conventional units or by imprisonment from 1 to 5 years, in both cases deprived of the right to hold certain positions or to exercise certain activities for a term of 2 to 5 years. years.
(5) Knowingly accepting the financing of the political party or electoral competitor from an organized criminal group or a criminal organization (association) shall be punished by a fine of from 850 to 1350 conventional units or by imprisonment from 1 to 6 years, in both cases deprived of the right to hold certain positions or to exercise certain activities for a term of 2 to 5 years. years.
Source: Art. 181(2), Criminal Code, 2002 (amended 2020)

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