16 bis

<L 1993-06-18/34, art. 9> Only natural persons may make donations to political parties (and their components), lists, candidates and political representatives. Candidates and political representatives may, however, receive donations from the political party or the list on behalf of which they stand as candidates or exercice their mandate. (Also, componens may receive donations from their political party and vice-versa.) Without prejudice to the prior provisions, donations from natural persons acting in fact as intermediaries of legal persons or de facto associations are prohibited.)
((Without prejudice to the registration obligation as specified at article 6, paragraph 2, and article 116, § 6, paragraph 2, of the Election Code, the identity of natural persons making donations, in any form, equivalent to 125 euros and more to political parties and their components, lists, candidates and political representatives shall be annually registered by the beneficiaries.) Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives.) (The installments paid by political representatives to their political party or components are not considered donations.) <AR 2000-07-20/71, art. 3, 002; Effective with: 01-01-2002> <L 2003-04-02/34, art. 11, 005; Effective with: 16-04-2003>
Supplies granted freely or against an amount inferior to the real cost by legal persons (natural persons) or de facto associations are similar to donations, as well as opening credit lines without repayment obligation. Supplies invoiced by a political party or candidate with an amount clearly superior to the market cost are also considered donations made by legal persons (natural persons) or de facto associations.
The political party accepting a donation in violation of this provision, shall lose, up to twice the amount of the donation, its right to the subsidy that, according to chapter III of this law, would be granted to the institution specified at article 22 during the months after the Commission of control sets up this violation.
(Any person who shall grant a donation, in violation of this provision, to a political party, to one of its components - irrespective of its legal form -, to a list, to a candidate or a political representative or any person who, acting as a candidate or a political representative, shall accept a donation, shall incur penalties equivalent to 26 francs to 100,000 francs. Any person who, without being a candidate or a political representative, shall accept such a donation on behalf and to benefit of a political party, list, candidate or political representative, shall incur the same penalties.)
The First Book of the Penal Code, without exception of chapter VII and article 85, is enforceable for these violations.
On decision of the tribunal, the sentence may be published integrally or partially in the assigned journals and weekly papers.)
(other amending references :
- L 1994-05-19/62, art. 9
- L 1998-11-19/42, art. 7, ED : 11-12-1998)