58. What sanctions are provided for political finance infractions?

Fines, Prison, Loss of nomination of candidate:

Section 106      Any Leader, Registrar or Treasurer of the political party who fails to comply with…Section 64 paragraph two or three or Section 71 shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

Section 121     Any political party who fails to comply with the Election Commission’s order under Section 57 paragraph two or Section 77 paragraph two shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

Section 122     Any person who fails to comply with Section 58, Section 60, Section 62 paragraph 2 or paragraph 3, Section 65, Section 67 or Section 68 paragraph one shall be liable for a fine not exceeding fifty thousand baht (THB 50,000) and one thousand baht (THB 1,000) per day until the conduct is corrected.

Section 123     Any political party who fails to comply with Section 64 paragraph one shall be liable for a fine not exceeding one hundred thousand baht (THB 100,000).

Section 124     Any person who fails to comply with Section 66 paragraph one shall be liable for an imprisonment for a term not exceeding five years or a fine not exceeding one hundred thousand baht (THB 100,000), or both, and the Court shall order disfranchisement for a period of five years.

                In case the violator of paragraph one is juristic person, where misconduct derived from an order or a deed of the person who is holding responsibility of administration of that juristic entity, the Court shall order disfranchisement of the person who is holding responsibility of such juristic entity.

Section 125     Any political party donating money, property or any other benefit over the value described in Section 66 paragraph two shall be liable for a fine of not exceeding one million baht (THB 1,000,000), and the Court shall order disfranchisement for a period of five years. Any exceeding money, property or any other benefit shall be remitted to the Fund.

Section 126     Any person holding a position in the political party who violates Section 72 shall be liable for an imprisonment not exceeding three years and a fine of not exceeding sixty thousand baht (THB 60,000) or both, and the Court shall order disfranchisement.

Section 127     Any person who violates Section 73 shall be liable for an imprisonment of a term of two to five years or a fine of forty thousand baht (THB 40,000) to two hundred thousand baht (THB 200,000) or both, and the Court shall order disfranchisement for a period of five years.

Section 128     Any member who violates Section 74 or any person who violates Section 75 or Section 76 shall be liable for an imprisonment for a term of not exceeding ten years or a fine of not exceeding two hundred thousand baht (THB 200,000) or both.

            In case the violator of paragraph one is juristic person, where misconduct derived from an order or a deed of the person who is holding responsibility of administration of that juristic entity, the Court shall order disfranchisement of the person who is holding responsibility of such juristic entity.

Section 129     Any political party who fails to report under Section 84 paragraph one shall be liable for a fine not exceeding five hundred thousand baht (THB 500,000).

Section 130     Any political party who wrongfully submits the report under Section 84 paragraph one shall be liable for a fine nor exceeding five hundred thousand baht (THB 500,000).

Section 131     Any political party who fails to comply with Section 84 paragraph three or four shall be liable for a fine of five times of the total amount of money wrongfully spent. Where the misconduct has been repeatedly committed, the Court shall issue an order disfranchisement of the Leader and Executive Committee member.

Section 132     Any Leader, Executive Committee member, and Treasurer of the political party who intentionally agrees with other persons to spend money or property for self-interest or other’s interest or any misdeed violating Section 87 paragraph one shall be liable for an imprisonment for a term of five to ten years or a fine of one hundred thousand baht (THB 100,000) to two hundred thousand baht (THB 200,000) or both.

Section 133     Any political party who fails to comply with Section 87 paragraph 2 or wrongfully uncover the expenditure on advertisement of the political activities shall be liable for a fine not exceeding five hundred thousand baht (THB 500,000), and the Court shall order disfranchisement for a period of five years. Disfranchisement shall also apply to any Executive Committee member, who is assigned and failed to comply with Section 87 paragraph two.

Section 134     Any person who fails to comply with Section 88 paragraph one in spending money, property or any other benefit shall be liable for an imprisonment for a term not exceeding five years or a fine not exceeding one hundred thousand baht (THB 100,000) or both, and the Court shall order disfranchisement.

Section 135     Any member holding the status as a member of the House of Representatives who violates Section 88 paragraph two shall be liable for the punishment as described in Section 149 of the Criminal Code.

Section 136     Any Executive Committee member who fails to comply with Section 89 shall be liable for an imprisonment for a term not exceeding three months or a fine not exceeding five thousand baht (THB 5,000), or both."

Source: Sections 106, 121-136, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

Forfeiture, Loss of public funding:

"Section 85      In case the Registrar considers the expenditure of a political party not compliance with Section 84 or not benefit to political activities of a political party, the Registrar, by the approval of the Election Commission, shall notify a political party of the adjustment of the expenditure for the next year. The Election Commission may also forfeit or truncate the subsidy under Section 83 for the next year."

Source: Section 85 paragraph one, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

Deregistration of party:

"Section 92     The Election Commission shall file a motion with the Constitutional Court when there appears to be reasonable evidence that the political party has violated the following actions:

            (1) an act to overthrow the democratic regime of government with the King as Head of State or to gain power in the administration of the State by unconstitutional means, or an act which the constitution considers as intended to gain such power;

            (2) an act which may be harmful to the democratic regime of Government with the King as Head of State under the Constitution;

            (3) an act in violation of Section 20 paragraph two, Section 28, Section 30, Section 36, Section 44, Section 45, Section 46, Section 72, or Section 74;

            (4) having reasonable legal cause of dissolution as provided by law.

            If the Constitutional Court considers that the circumstance applies to the political party as described in paragraph one, the Court shall issue an order dissolving the political party as well as repealing the Executive Committee member’s right to stand for election."

Source: Section 92, Organic Act on Political Parties, 2017 (Unofficial translation by the researcher)

Suspension of political party:

"Section 93

Where there appears appropriate, the Constitutional Court shall issues and order to suspend the political activities temporarily according to the motion filed by the Election Commission, the Registrar, or Attorney-General case by case."

Source: Section 93 paragraph three, Organic Act on Political Parties, 2017 (Unofficiall translation by the researcher)