58. What sanctions are provided for political finance infractions?

Source: Article 76, Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).
Source: Article 77, Law on Political Parties, 1983, (Law No. 2820).
Source: Article 101 (c), Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).
Source: Article 102, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).
Source: Article 104, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).
Source: Article 111, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820)

Source: Article 113, Law on Political Parties, 1983, (amended 2018).

Source: Article 116, Law on Political Parties, 1983, (Law No. 2820).

Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).

Source: Article 156, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298)

Source: Article 14(6), Law on Presidential Election, 2012 (Law No. 6271).

Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

The Law on Political Parties imposes four types of administrative sanctions: a court notice (Article 104); confiscation by the State Treasury or liquidation of property (Article 76 in violation of Articles 67, 69 and 77); depriving political party of state aid (Article 102) for failing to provide documents requested by the Office of the Chief Public Prosecutor of the Republic for the Court of Cassation; and the closure of a party (Article 101 in violation of Articles 69§2 and 10 of the Constitution, and Articles 67 and 69 of the Law on Political Parties).

The Law on Basic Provisions of Elections and Voter Registers includes some penal sanctions such as up to three years imprisonment for promising benefits in exchange for votes (Article 152), and failure of the Prime Minister or Ministers to observe prohibitions (Article 155). Administrative sanction of stopping broadcasting for certain number of days in the event of violating campaign broadcasting rules was abolished in 2018.

Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

Law on Political Parties include some administrative and penal sanctions as follows:

Confiscation by the Treasury:

About the political parties, which the Constitutional Court determines to have received donations, acquired goods or proceeds in violation of the provisions of this Law herewith, a decision shall be rendered to register as revenue with the Treasury the whole amount of the proceeds acquired through such ways; the proceeds exceeding the amount stipulated in the Law; the value of the immovable properties equivalent to the amount exceeding the legitimate threshold; and for the title deeds of the immovable property to be registered with the Treasury.
Upon the decision of the Constitutional Court, the Treasury shall confiscate the loans or debts provided to political parties in violation of the Article 67 of this Law herewith; the Treasury shall bear no liability vis-à-vis the lender of the loan or debt.
Where it is established that a political party has received revenues in violation of the principles stipulated in the Article 69 of this Law herewith from sources that have not been documented, the Treasury shall register such proceeds as revenue upon the decision of the Constitutional Court.
Party’s assets, the amount of which corresponds to the undocumented quantity of expenses which should have been documented, shall be registered as revenue by the Treasury upon the decision of the Constitutional Court.

Source: Article 76, Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).

Liquidation:

 If it is determined that a political party owns immovable properties in violation of the principles enshrined in the Article 68 of this Law herewith, such properties shall be liquidated by the political party upon the decision of the Constitutional Court and within the period set out by the Court.
Source: Article 77, Law on Political Parties, 1983, (Law No. 2820).

 
Decision of dissolution of a political party shall be made by the Constitutional Court where: [...]
(c) a political party receives financial assistance from foreign states, international organisations and legal and natural persons without Turkish nationality.
Source: Article 101 (c), Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).

Procedure applied where the requests of the Office of the Chief Prosecutor of the Republic for the Court of Cassation are not complied with:

The political party, which does not submit the information and documents requested by the Office of the Chief Prosecutor of the Republic for the Court of Cassation for the purpose of monitoring the activities of the political parties within the determined period, shall be sent a second written notice by the Office of the Chief Prosecutor of the Republic for the Court of Cassation. In such notice it shall also be stated that in the case of not replying and executing the requests within the determined period, a case may be filed for dissolution of such party or deprivation of such party from the State aid partially or completely. If the request is not executed within the period determined in the second notice or not replied, the Office of the Chief Prosecutor of the Republic for the Court of Cassation may file a case ex officio at the Constitutional Court for deprivation of such party from the State aid partially or completely. The political party may object to such request of the Office of the Chief Prosecutor of the Republic for the Court of Cassation at the Constitutional Court.
Source: Article 102, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).

Dissolution of the parties where there is contradiction to the prohibitions of the Constitution:

Application for other reasons:

If a political party is in contravention to the statutory provisions of the Law herewith other than Article 101 and to the statutory provisions of other Laws concerning the political parties, an ex officio application in writing shall be filed to the Constitutional Court by the Office of the Chief Prosecutor of the Republic for the Court of Cassation.
In case the Court finds any contravention to the said provisions, the Constitutional Court shall pass a decision of warning against the political party and demand the correction of such contraventions.

Source: Article 104, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).

Faliure to submit the required information to the Office of Chief Public Prosecutor of the Republic and the Constitutional Court:

(a)The officials of a political party, who do not hand over the information and documents to be requested for the party registry that will be kept by the Office of the Chief Public Prosecutor of the Republic, or those who act in violation of the provisions laid down in the Article 102, shall be sentenced to a penalty of light imprisonment for a term of three to six months and light fine of fifteen million to thirty million liras,
(b)The officials of a political party who act in violation of provisions laid down in the Article 74 shall be sentenced to a penalty of light imprisonment for a term of three to six months and a light fine of fifteen million to thirty million liras,
(c) The officials of a political party who hinder the examinations and inquiries undertaken in accordance with the Article 75 as well as those who do not hand over the information asked for in accordance with the same Article shall be imprisoned for a term of six months to one year and sentenced to a heavy fine not less than sixty million liras,
(d) Those party officials, who - by way of not complying with the warning decision given in accordance with the Article 104, deprive the political party partially or completely of the State Aid, and the officials of the political parties which do not benefit from State Aid shall be sentenced to a light imprisonment penalty for a term of three to six months.

Source: Article 111, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820)

Failure to keep the party books and records; falsifying, destroying or hiding the party books and records:

A person, who does not keep the books and record mentioned in the Article 60 of this Law herewith, shall be imprisoned for a term of six months to one year; a person who falsifies or destroys or hides such books and records shall be imprisoned for a term of one to three years.

Source: Article 113, Law on Political Parties, 1983, (amended 2018).

Receiving illegal donation, loan or borrowing and lending:

A person who -in violation of the provisions stipulated in this Law herewith- makes a donation to a political party or a party official who accepts such donations shall be imprisoned for a term of six months to one year.
Persons who, in violation of the provisions of this Law, receive or lend a loan or credit as well as a party official who receives or lends the credit or loan shall also be subject to the provision indicated in the paragraph above.
A party official, candidate or candidate for nomination, who accepts aid or donation from foreign states, international organisations, natural or legal persons without Turkish nationality, shall be imprisoned for a term of one to three years.

Source: Article 116, Law on Political Parties, 1983, (Law No. 2820).

Law on Basic Provisions of Elections and Voter Registers include some penal sanctions as follows:

Vote buying

Those who provide or promise to provide to one or more voters benefits or valuables or public or private positions or services and benefits in exchange for voting for him/her shall be punishable by prison terms from one year to three years. This provision shall apply even if such benefits promised or provided consists of the travel, food and beverage expenses of voters or in return of their services.
A voter who has accepted the above-described Money, benefits, promises or services thereof shall be punishable by the same penalties.
Penalties shall be doubled for those who have committed these offences by using threat or coercion  or violence.

Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).

Failure of the Prime Minister and Ministers to Observe Prohibitions

Those who do not observe the prohibitions set in articles 64, 65 and 66 shall be punishable by prison terms from three months to one year.

Source: Article 156, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298)

Law on Presidential Election include one sanction related to campaign finance:

The amount exceeding the limit stated for donations and aids and unused income shall be transferred to the Treasury.

Source: Article 14§6, Law on Presidential Election, 2012 (Law No. 6271).

NOTE: A law allowed for redenomination by the removal of six zeros from the Turkish lira in 2005. Please, read the amount of fines without millions.

[...] an administrative fine from two percent up to five percent of total gross commercial communication revenue within the month preceeding the month when the violation is identified. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers. Additionally, as an administrative injunction, the broadcast of the programme subjected to the violation shall be decided to be suspended up to five times and as for on demand media services, the programme subjected to the violation shall be removed from the catalogue. By taking into consideration the nature of the violation, an administrative fine together with the administrative injunction may be imposed [...]

The Supreme Council is authorized to impose an administrative fine or an administrative injunction in accordance with the provisions of this Law.

Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).