58. What sanctions are provided for political finance infractions?
Poland
- Fines
- Prison
- Forfeiture
- Loss of public funding
- Deregistration of party
1. If a political party fails to submit a report within the time limit specified in Art. 38 section 1 The National Electoral Commission submits to the Court a request to remove this party's entry from the register.
Source: Article 38c.1, Law on Political Parties,1997 (consolidated text 2018)
If the National Electoral Commission rejects the report or - in the event of a complaint against the decision to reject the report - if the complaint is dismissed by the Supreme Court, the political party loses the right to receive a subsidy in the next 3 years in which it is entitled to receive it. This deadline is counted from the beginning of the quarter following the quarter in which the report was rejected, and in the event of a complaint against a decision rejecting the report, this period is counted from the beginning of the quarter following the quarter in which the complaint was dismissed by the Supreme Court.
Source: Article 38d, Law on Political Parties,1997 (consolidated text 2018)
1. Financial benefits transferred to a political party or Electoral Fund in violation of the provisions of Art. 24 paragraph 3, 6 and 8, art. 25, art. 36 paragraph 1 and 3 or art. 36a are subject to forfeiture to the Treasury.
Source: Article 39a.1, Law on Political Parties,1997 (consolidated text 2018)
Whoever makes public collections against the prohibition referred to in art. 24 paragraph 6 subject to a fine.
Source: Article 49a, Law on Political Parties,1997 (consolidated text 2018)
Who does not perform or does not allow the performance of the obligation to prepare and submit the information referred to in art. 34 section 1, or provides false data in it,
is subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
Source: Article 49d, Law on Political Parties,1997 (consolidated text 2018)
§ 7. If the financial statement is not submitted on time, by:
1) political party election committee - a political party is not entitled to the subsidy referred to in Art. 150 or art. 151, and the right to the subsidy referred to in art. 28 of the Act of 27 June 1997 on political parties; [...]
Source: Article 142 § 7 Election Code, 2011 (amended 2019)
1. Financial representative of the election committee, which in connection with elections does not comply with the obligation to draw up and submit to the election commissioner or the National Electoral Commission a financial report on the sources of obtaining funds and expenses incurred for election purposes or provides false data in this report
- is subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
Source: Article 509 § 1 Election Code, 2011 (amended 2019)
Rejection of the report by the NEC on the basis of detected violations of campaign finance regulations leads to a decrease in state subsidies, as well as other sanctions for specific irregularities. In addition, parties whose annual financial reports are rejected are deprived of public funding for three years, regardless of the severity of the violation. As these diverse sanctions may be imposed for the same offences, the issue of their constitutionality was referred by the Supreme Court to the Constitutional Tribunal in 2016, where it remains pending. Unlike the Election Code, the Act on Political Parties provides that even minor irregularities may lead to the rejection of the annual report.
Source: OSCE/ODIHR (2020)
The most painful sanction is the loss of public funding by a political party for 3 years if its financial statements were rejected by the National Election Committee. If a financial party does not submit a financial report, it may be unregistered.
Several provisions of the Law on Political Parties and the Election Code contain sanctions, below are some examples.
