58. What sanctions are provided for political finance infractions?

Libya

Libya

Answer
  • Fines
  • Prison
  • Loss of nomination of candidate
  • Loss of political rights
Source

Art 35, 'The following actions will result in a prison sentence that does not exceed one (1) year and a financial fine that does not exceed five thousand Libyan Dinars (5,000 LYD):... 2. Offering and/or pledging to personally benefit a voter in exchange for influencing their vote.'Art 39, 'Candidates found receiving direct or indirect material benefits from a foreign body will be punishable by: "Forced imprisonment. " A financial fine not exceeding twice the amount received. Not participating in elections for a period of ten (10) years from the date of sentence.Candidates found using public funds and/or property for election campaigns will be punishable by: " A financial fine not exceeding ten thousand Libyan Dinar (10,000 LYD)." Forfeiting their right to be nominated for a period not exceeding five (5) years.Civil servants found providing candidates with public funds and/or access to property for election campaigns will be punishable by: "A financial fine not exceeding thirteen thousand Libyan Dinar (13,000 LYD)." Forfeiting their right to be nominated for a period not exceeding five (5) years.' Art 41, 'Offenses such as imprisonment, financial fines not exceeding five thousand Libyan Dinars (5,000 LYD), and or disqualification from participation as a nominee for a period of five (5) years will result from:...2. Exceeding the campaign spending limit set by The Commission...6. Conducting election campaigns and/or giving campaign speeches in places of worship, public and/or private educational institutions, public roads, and public and/or governmental buildings.' (Source: Law No. 4 of 2012, the General National Congress election).

Comment

Candidates can lose their nomination if they exceed the spending limit. Fines and imprisonment can apply to several types of violations. Accepting foreign funds or using public funds can cost a candidate the right to participate in elections for 10 years.

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