In 39 countries (23 per cent), the research found that campaign financerelated infractions are considered only as criminal acts and thus dealt
with in these countries’ criminal courts. It should be noted, however,
that some countries impose both administrative and criminal sanctions
for campaign finance infractions. The administrative sanctions used in
such countries are described in this chapter, and their criminal aspects
in Chapter 6.
In only 82 countries (48 per cent) did the research find clear provisions
in law that specifically regulate institutional oversight of campaign
finance and impose administrative sanctions for campaign finance
infractions (see Figure 5.2). The key findings on those countries are set
out in the following sections.
Figure 5.2. Does the country prescribe institutional oversight of campaign finance?
29%
48%
Yes, administrative sanctions or
penalties are imposed for
campaign finance infractions
Yes, only criminal sanctions or
penalties are imposed for
campaign finance infractions
23%
No specific regulation was found
on campaign finance oversight
Notes: Data for 170 countries. Graph represents the data in the EJD as of August 2015.
Institutions with powers to impose administrative
sanctions for campaign finance infractions
In almost half the countries that have provisions on campaign finance
oversight, the highest-level EMBs—that is, the central electoral
management bodies—are in charge of this function (Figure 5.3).
Each of the remaining types of institution are represented in less than
10 per cent of countries. The ‘Other’ option includes various types of
institution, such as the anti-corruption agencies in Latvia and Serbia,
the Chairman of the Knesset in Israel and the Party Transparency
Tribunal in Austria, among others. In three countries (Colombia, the
Cook Islands and Nicaragua), even though the legislation provides for
administrative sanctions against campaign finance infractions, it was
not possible to identify from their laws what types of institutions have
a formal role in imposing such sanctions.
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