Criminal liability for illegal financing of parties should start from the first cent / Diena

Today, the Commission is considering the proposal submitted by the Ministry of Justice (MoJ) for amendments to the Criminal Law, which would reduce the amount of illegal financing, which is the starting point of criminal liability, to ten minimum monthly salaries.

Currently, criminal liability arises if parties are illegally financed in a large amount, or at least 50 of the minimum monthly salary. On the other hand, ten minimum monthly wages are considered a significant amount in the sense of the law. From January 1, 2024, the minimum monthly wage in Latvia is 700 euros, so ten minimum wages are 7,000 euros.

Stukāns points out that currently political parties are provided with state funding and there is no reason to allow illegally obtained funds to be used to enter the Saeima. He believes that MPs should act to make it clear that illegal party financing is unacceptable.

Saeima member Gunārs Kūtris (ZZS) emphasized that criminal liability should be imposed for serious violations and that criminal liability should not be imposed for all violations, as this issue is currently relevant. He did not support TM’s proposal because, in his opinion, several formal violations are possible, which could occur after the adoption of TM’s proposal, but for which criminal liability would arise.

The chairman of the Saeima Legal Commission Andrejs Yudins (JV) called on the MPs to advance TM’s offer, transforming it into a draft law, which will be advanced by the Saeima Legal Commission. Yudin’s proposal was supported by only three deputies, but the majority voted against or abstained.

The Ministry, evaluating what was discussed in the permanent Criminal Law working group, points out that currently the threshold of illegal financing established in the Criminal Law, from which criminal liability arises, is too high for persons to be held criminally liable for illegal financing of political parties. In addition, it is not uncommon for several persons to contribute sums of money separately without reaching the specified amount, and it is difficult for the controlling authority to prove that the said persons have acted in a group with a common intention.

The proposed amendments were supported by the Permanent Criminal Law Working Group of the TM.