Home > 2.6 Campaign finance > POLAND - Election Code
 
 
 
Download file    
 
 
Article 149
 

§ 1 Financial benefits acquired by the election committee in violation of the Code, shall be forfeited to the State Treasury. If the acquired amount has been expended or lost, its equivalent shall be forfeited.


§ 2 The pecuniary benefit forfeited to the State Treasury, is also the value of activities carried out resulting in a reduction value of the liabilities of the committee by a person other than that mentioned in Article. 132 § 6, or made in violation of the principles referred to in art. 132 § 6, or Article. 134 § 2


§ 3 § 1 does not apply to financial benefits given to an election committee in breach of the provisions of the Code, which the election committee returned within 30 days of their transfer.


§ 4 § 1 does not apply to financial benefits given to an election committee in breach of the provisions of the Code, which benefits or their equivalent are within 14 days from the date of delivery of election committee decision on acceptance or rejection of its financial reports, and in case of complaint or appeal referred to in art. 145 § 1 and 5 - within 14 days from the date the decision becomes final issued by a competent court, that have been voluntarily deposited into the bank account of the tax office competent for the registered office of the committee. In kind benefits received by the election committee shall be transferred to such tax office. Confirmation of payment of the transferred material benefit or its equivalent by the election committee shall be communicated to the competent election authority by the election committee.


§ 5 The acceptance of financial gain in violation of the Code is decided upon by the competent election authority in the decision on acceptance or rejection of the financial reports.


§ 6 In the event of failure to undertake the actions referred to in § 4 of the first and second sentence, or one of those activities, the head of the tax office competent for the registered office of the election committee, at the request of the National Electoral Commission and electoral commissioner, shall file a motion to the court against the entities referred to in art. 130 § 1, for a ruling on the forfeiture of the benefits or their equivalent or otherwise the transfer or material benefit or its equivalent.


§ 7 The district court appropriate for the registered office of the tax authority referred to in § 6 has the jurisdiction to adjudicate in matters referred to in § 1. § 8 The District Court hears cases referred to in § 6, in non-litigious proceedings.


§ 9 Execution of a benefit or its equivalent shall be conducted pursuant to the provisions of administrative proceedings for execution of monetary claims. The body executing the order shall be the head of office of tax office referred to in § 6 § 10 Seized movable property, debts and other property rights are converted into monetary assets by the head of the tax office in accordance with the provisions of the Act of 17 June 1966 on the execution of orders in administration (Journal of Laws of 2005 No. 229, item. 1954, as amended) regarding the execution monetary claims.