58. What sanctions are provided for political finance infractions?

Yemen

Yemen

Answer
  • Loss of public funding
  • Deregistration of party
Source

Political Party Law NO. 66 (1991),

Article (22): The state subsidy to a party or political organization is suspended if:

(a) A court order is issued suspending the activities of the party or political organization

according to Article (34) of this Law.

(b) The party or political organization fails to present, to the proper authorities, a copy of its

annual report and final accounts regarding the party’s or political organization’s revenues

and expenditures.

(c) The party or political organization accepts donations, gifts or benefits contrary to Article

(17) of this Law, and following a court order.

(d) The party or political organization fails to adhere to the provisions of Article (24), and

following a court order.

(e) The party or political organization voluntarily decides to cease its activities.

Article (23): A party or political organization loses its entitlement to a state subsidy if:

(a) The party or political organization ceases to exist by its own decision.

(b) The party or political organization is dissolved by a court order according to Article (34).

 

Art. 33 (4) : "4. Not to use any public service positions or public funds for direct or indirect political

gain. Such violations shall be punished by the laws in force."

 

Article (34): Except where the party or political organization dissolves or merges voluntarily,

it is not possible to dissolve a party or a political organization or stop its activities or any of its

decisions, except following a court order based on a justified request by the Chairman of the

Committee and after the approval of the Committee, requesting the dissolution of the party

or political organization and the liquidation of its funds and specifying the recipients of its

assets. This request may be based on one of the following):

First: any of the requirements for its establishment as specified in Article (8) is no longer

applicable.

Second : the party or political organization commits any of the forbidden activities stipulated

in Article (33).

The Chairman of the Committee, after the approval of the Committee, may submit an urgent

request to the relevant court to stop the activities or decisions of the party or political

organization for any of the reasons stipulated in this Article, until a final court decision is

taken regarding the dissolution of the party or political organization. A copy of such a request

and the basis on which it was made must be forwarded to the president of the party or

political organization within (48) hours of the date on which it was submitted to the court.

The court must decide within (15) days whether to stop the activities of the party or political

organization and must make the final decision within (90) days.

Comment

Use of public service positions or public funds for direct or indirect political gain can lead to deregistration of party according to Art. 33

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