58. What sanctions are provided for political finance infractions?

Art.16g. "(1) Natural persons commit an offence by: a) participating in an election campaign without the prior registration in the special register of the Office for Oversight in violation of section 16(2); b) using or allowing the use of communication media of a region or municipality or legal person managed by a region or municipality for election campaign in violation of section 16(4); c) failing to ensure that any promotion or election agitation using communication media or billboards or message to the disadvantage of any political party, political movement, coalition, their candidate or independent candidate standing for election, includes information on the person ordering the promotion or agitation and the author in violation of section 16(6); d) failing to add the first name, surname and registration number of a third person to election campaign tools in violation of section 16(6); e) publishing pre-election and election opinion polls in the period between the third day before the election day and the closing of the polls in violation of section 16(7); f) failing to open a campaign account in violation of section 16e(6) or failing to keep a campaign account pursuant to section 16e(6) or failing to inform the Office for Oversight pursuant to section 16e(6); g) depositing funds on the campaign account or failing to prove the identity of the owner of the bank account from which funds were transferred to the campaign account in violation of section 16e(7); h) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16e(8); i) failing to keep records of the use of election campaign funds in accordance with section 16e(10), or keeping the records in a manner violating section 16e(10); j) failing to submit campaign account statements and the records on the use of election campaign funds pursuant to section 16e(11), or k) failing to disclose an overview of election campaign expenses pursuant to section 16(12).

(2) Independent candidates shall commit an offence by: a) failing to add their first name and surname to election campaign tools they use in violation of section 16(6); b) failing to open a campaign account in violation of section 16a(1) or failing to keep a campaign account pursuant to section 16a(2); c) using funds held in a campaign account in violation of section 16a(3); d) using unused campaign funds held in a bank account during administrative proceedings in the matter of breach of election campaign financing rules or within 180 days after the announcement of final election results in violation of section 16a(4); e) failing to transfer unused election campaign funds pursuant to section 16a(6); f) closing the election campaign account in violation of section 16a(7); g) failing to keep accounting records on the election campaign financing in violation of section 16(2); h) failing to disclose information on funds held in the campaign account pursuant to section 16b(3); i) failing to disclose information on other transfers with a monetary value pursuant to section 16b(4); j) exceeding the campaign expenditure limit for the Senate elections in violation of section 16c(2); k) failing to disclose the required data on persons who paid for or pledged to pay for election campaign expenses or donated funds to the campaign or provided a gratuitous transaction in violation of section 16c(4), or l) failing to meet the obligation ensuing from section 16d related to the disclosure of data on campaign financing, contents of the report on election campaign financing, submission of accounting records to the Office for Oversight or transferring funds from the campaign account.

(4) The following fines may be imposed for committing an offence from: a) CZK 10,000 to CZK 100,000 in case of offences according to subsection 1 or 2(a) or 2(l); b) CZK 20,000 to CZK 300,000 in case of offences according to subsection 2(h), 2(i) or 2(k);  c) CZK 30,000 to CZK 500,000 in case of offences according to subsection 2(b), 2(c), 2(d), 2(e), 2(f) or 2(g); d) in case of violation of the campaign expenditure limit, from CZK 10,000 to up to the 1.5 multiple of the amount by which the campaign expenditure limit was exceeded in case of an offence according to subsection 2(j)." 

Art.16h. "(1) Legal persons or natural persons conducting business commit an administrative offence by: a) participating in an election campaign without the prior registration in the special register of the Office for Oversight in violation of section 16(2); b) using or allowing the use of communication media of a region or municipality or legal person managed by a region or municipality for election campaign in violation of section 16(4); c) failing to ensure that any promotion or election agitation using communication media or billboards or message to the disadvantage of any political party, political movement, coalition, their candidate or independent candidate standing for election, includes information on the person ordering the promotion and the author in violation of section 16(6); d) failing to add the business name, acronym or name, surname and registration number of a third person to election campaign tools in violation of section 16(6); e) publishing pre-election and election opinion polls in the period between the third day before the election day and the closing of the polls in violation of section 16(7); f) failing to open a campaign account in violation of section 16e(6) or failing to keep a campaign account pursuant to section 16e(6) or failing to inform the Office for Oversight pursuant to section 16e(6); g) depositing funds on the campaign account or failing to prove the identity of the owner of the bank account from which funds were transferred to the campaign account in violation of section 16e(7); h) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16e(8); i) failing to keep records of the use of election campaign funds pursuant to section 16e(10), or keeping the records in a manner violating section 16e(10); j) failing to submit campaign account statements and the records on the use of election campaign funds pursuant to section 16e(11), or k) failing to disclose an overview of election campaign expenses pursuant to section 16(12).

(2) Political parties or political movements standing for election or political parties and political movements forming part of a coalition standing for election commit an administrative offence by: a) failing to add their name or acronym to election campaign tools they use in violation of section 16(6); b) failing to open a campaign account in violation of section 16a(1) or failing to keep a campaign account in accordance with section 16a(2); c) using funds held in a campaign account in violation of section 16a(3); d) using unused campaign funds held in a bank account during administrative proceedings in the matter of breach of election campaign financing rules or within 180 days after the announcement of final election results in violation of section 16a(4); e) failing to transfer unused election campaign funds pursuant to section 16a(6); f) closing the election campaign account in violation of section 16a(7); g) failing to keep accounting records on the election campaign financing in violation of section 16(2); h) failing to disclose information on funds held in the campaign account pursuant to section 16b(3); i) failing to disclose information on other transactions with a monetary value pursuant to section 16b(4); j) exceeding the campaign expenditure limit for the Chamber of Deputies elections or Senate elections in violation of section 16c(2); k) failing to disclose the required data on persons who paid for or pledged to pay for election campaign expenses or donated funds to the campaign or provided a gratuitous transaction in violation of section 16c(4), or l) failing to meet the obligation ensuing from section 16d related to the disclosure of data on campaign financing, contents of the report on election campaign financing or submission of accounting records to the Office for Oversight.

(3) The offence shall be dealt with by the office for Oversight in case of offences pursuant to subsection 1(a) to (d) and (f) to (k); the decision of the Office for Oversight cannot be appealed or subjected to review proceedings.

(5) The following fines may be imposed for committing an administrative offence: a) CZK 10,000 to CZK 100,000 in case of administrative offences according to subsection 1 or 2(a) or 2(l); b) CZK 20,000 to CZK 300,000 in case of administrative offences according to subsection 2(h), 2(i) or 2(k); c) CZK 30,000 to CZK 500,000 in case of administrative offences according to subsection 2(b), 2(c), 2(d), 2(e), 2(f) or 2(g); d) in case of violation of the campaign expenditure limit, from CZK 10,000 to up to the 1.5 multiple of the amount by which the campaign expenditure limit was exceeded in case of an administrative offence according to subsection 2(j).

Source: Articles 16g (1, 2 and 4) and 16h (1, 2, 3 and 5), Act No. 247/1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws​, 1995

(2) The Ministry of Finance shall suspend the payment of the installment of the contribution to the activity if: (a) annual financial report has not been submitted to the Office; (b) submitted annual financial report is incomplete, or (c) an action has been brought under Article 15.

Source: Article 20a (1) and (2), Act No. 424/1991_The Law on Association in Political Parties and Political Movements, 1991