58. What sanctions are provided for political finance infractions?

Political parties are subject to administrative liability according to the relevant requirements of Organic Law 8/2007 on Political Parties Funding and Organic Law 5/1985 on the General Election Regime. In particular, Article 17 of Organic Law 8/ 2007 on Political Parties Funding provides for two distinct type of infringements and applicable sanctions: (i) if infringement of limits and restrictions on donations occur, a fine equalling twice the contribution illegally received may be deducted from future subsidies; (ii) the non-submission or the submission of a financial report with incorrect/poor data may lead to the withholding of public funds. The Court(s) of Audit is responsible for imposing the aforementioned range of administrative sanctions. Appeals against the Court(s) of Audit decisions may be lodged before the Supreme Court. In addition, criminal liability of party representative (e.g. general manager, general representative, electoral administrator) may apply in connection with accounting/bookkeeping offences sanctioned under Article 310 of the Penal Code. Furthermore, Organic Law 5/1985 on the General Election Regime provides that violation of the obligations to keep correct and accurate accounts and to use public funds for the purposes provided by the election law are sanctioned by imprisonment from 6 months to 3 years and a fine ranging from 180 to 1,800 EUR. If the funds have been used for personal enrichment, the imprisonment sanction may be increased, thus consisting of imprisonment from 3 to 8 years (Articles 149 and 150, Organic Law 5/1985 on the General Election Regime). This type of criminal sanction is enforced by the courts; proceedings follow the relevant rules under the Criminal Procedure Code (Article 151, Organic Law 5/1985 on the General Election Regime). Additional sanctions include special disqualification from exercising the right to vote and for standing for election.

Source: GRECO (2009). Evaluation Report on Spain, Transparency of Party Funding, p. 13.