58. What sanctions are provided for political finance infractions?

Serbia

Serbia

Answer
  • Fines
  • Prison
  • Forfeiture
  • Suspension of public funding
Source

"Whoever gives, and/or provides for and on behalf of the political entity, funds for financing of the political entity contrary to the provisions of this Law with intent to conceal the source of financing or amount of collected funds of the political entity, shall be punished with imprisonment from three months to three years.
If the offence referred to in para 1 involved giving or receiving funds in the amount greater than one million and five hundred thousand dinars, the offender shall be punished with imprisonment from six months to five years.
Whoever commits violence or threatens to commit violence, places in disadvantageous position or denies a right or statutory interest to a natural or legal person because such person gave donation to a political entity, shall be punished by imprisonment of three months to three years.
Funds referred in paragraphs 1 and 2 of this article shall be confiscated." 

"A political party shall be fined from 200,000 to 2,000,000 RSD for a misdemeanor if it:
1) Acts contrary to the provisions of article 3, paragraph 2 and 3 hereof; 2) receives funds contrary to article 8 paragraph 3 hereof;
3) Acts contrary to article 11 hereof;
4) Acquires non-monetary assets contrary to article 12, paragraph 1 and 3 hereof;
5) Acts contrary to prohibition specified in article 12 paragraph 4 hereof;
6) Acts contrary to prohibition specified in article 13 hereof;
7) Acquires income contrary to article 14 hereof;
8) Fails to return funds in accordance with article 15 hereof;
9) Uses funds contrary to articles 19 and 23, and article 24 paragraphs 3 and 4 hereof;
10) Acts contrary to the provisions of article 23 paragraph 8 and 9 hereof;
11) Fails to open a separate account for financing of election campaigns pursuant to article 24 hereof;
12) Fails to keep records pursuant to article 27 hereof; 13) fails to comply with article 28 paragraph 1 hereof;
14) Fails to submit preliminary report on election campaign expenditure pursuant to article 29 hereof;
15) Fails to submit final report on election campaign expenditure pursuant to article 29 hereof;
16) Acts contrary to article 30 hereof;
17) Fails to provide access to the Agency pursuant to article 32 paragraph 1 hereof;
18) Fails to submit to the Agency documents, information and data pursuant to article 32 paragraph 2 and 3 hereof;
19) Fails to act in accordance to the pronounced warning measure (article 37 paragraph 2).
The responsible person of a political party or other political entity shall also be fined from 50,000 to 150,000 RSD for offences specified in paragraph 1 of this article.
Funds obtained through commission of misdemeanours specified in paragraph 1 items 2) through 9), and 16) of this article shall be confiscated.
The responsible person of a political party or other political entity shall also be fined from 50,000 to 150,000 RSD for offences specified in paragraph 1 of this article.
Funds obtained through commission of misdemeanors specified in paragraph 1 items 2) through 9), and 16) of this article shall be confiscated." 

"A legal person shall be fined with 200,000 to 2,000,000 RSD if it:
1) Gives a donation to a political entity contrary to Art. 9 and 10, and Article 12, paragraph 1, 3 and 5, and Aticle 22, paragraph 2 hereof;
2) Fails to ensure access to the Agency in accordance with article 32 paragraph 1 hereof; 
3) Fails to submit data to the Agency pursuant to article 32 paragraph 4 hereof.
The responsible person of a legal person shall also be fined with 50,000 to 150,000 RSD for misdemeanor specified in paragraph 1 of this article.
An entrepreneur shall be fined with 100,000 to 500,000 RSD for misdemeanor specified in paragraph 1 of this article.
A natural person shall be fined with 50,000 to 150,000 RSD for misdemeanor specified in paragraph 1 of this article.
Funds obtained through commission of misdemeanor specified in paragraph 1 item 1) of this article shall be confiscated." 

"In case of conviction for a criminal offence specified in article 40 hereof or if a political party or responsible person of a political entity is fined for misdemeanor specified in Art. 41 and 42 hereof, the political entity shall lose the right to funds from public sources allocated for financing of the political entity in the amount set forth pursuant to paragraphs 2 through 4 of this article.
The amount of funds referred in paragraph 1 of this article may not be less than the amount of funds acquired through commission of a criminal offence or misdemeanor, up to a maximum of 100% of the amount of funds from public sources allocated for financing of regular work of the political entity for the coming calendar year.
If the amount of funds acquired through commission of a criminal offence and/or misdemeanor is less than 10% of the funds from public sources earmarked for financing of regular work of the political entity for the coming calendar year, the amount of funds specified in paragraph 1 of this article may not be less than 10% of the funds from public sources allocated for financing of regular work of the political entity for the coming calendar year.
The amount of funds referred in paragraph 1 of this article is determined pro rata to pronounced punishment for criminal offence or misdemeanor, pursuant to rules set forth in paragraphs 2 and 3 of this article.
The decision on loss of rights to public funds allocated for financing of regular work of a political entity for the following calendar year wherein the amount thereof is also defined, is issued by the Agency and may be appealed through administrative dispute.
The Agency shall publish decisions referred to in paragraph 5 of this Article on its website." 
Source: Articles 40, 41, 42, 43, 45 of the Law on financing political activities, 2022.

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