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Article 172
 

Sanctions on electoral subject for violating the prohibitions of this law


(amended by Law No. 101/2020, dated 23 July 2020)


1. The electoral subjects shall be considered to have committed an administrative offence where prohibitions laid down in this law are violated in their favour, and when after being informed, the electoral subjects fail to take immediate action to stop the violation. The administrative offence under this point shall be punishable by a fine of ALL 100,000 to 500,000.


2. The amount of the fine shall be determined by the following circumstances:


a) the risk posed by the violation to the organization and administration of future elections;


b) the fact whether the perpetrator of the offence is a member of, or employed by, the electoral subject;


c) the duration and the range of actions that led to the commitment of the offence;


ç) the fact whether there have been efforts by the electoral subject to hide the violation and the extent of these efforts;


d) the action of the electoral subject upon detection of the offence;


dh) dh) the fact whether officials have taken part in the commitment of the offence or whether public resources have been used for it;


e) the fact whether the violation has been repeated;


ë) the fact whether it is has been committed in co-operation with others;


f) the potential risk to free, fair, democratic and transparent elections. 3. Fines, in accordance with point 1 of this Article, shall be imposed by the CEC.


4. When violations specified in point 1 of this Article have affected the election results, they shall constitute a criminal offence and shall be punishable by imprisonment of 6 months up to 2 years.