Crime of Illegal Financing of Political Parties in the Criminal Code

Illegal financing of political parties is a crime that has gained relevance in the criminal sphere, given its impact on the transparency and fairness of the democratic system. It is regulated in Article 304 bis of the Penal Code, following the amendment introduced by Organic Law 1/2015, of March 30.

This reform seeks to prevent and sanction those conducts that affect the financing of political parties, ensuring that legal limits are respected and avoiding the improper use of resources to influence politics.

Regulation of the crime of illegal financing of political parties.

Article 304 bis of the Penal Code establishes the conducts that constitute the crime of illegal financing of political parties and the corresponding penalties. The regulation penalizes those who receive donations or contributions that violate the provisions of Organic Law 8/2007, of July 4, 2007, on the financing of political parties. This law prohibits, among other things, anonymous, revocable, finalist donations, or those exceeding 500,000 euros, as well as those coming from legal entities.

The severity of the penalties varies according to the circumstances of the case. In its most basic form, the offense is punishable by a fine ranging from three to five times the value of the illegal contributions. However, if donations exceed certain thresholds, such as €500,000, or if they are disguised contributions through third parties, penalties can include prison sentences of six months to four years.

Criminal conduct and penalties associated with the illegal financing of political parties

The conducts sanctioned in relation to the illegal financing of political parties include both the receipt of illegal donations and their delivery. Those responsible may be individuals or legal entities, and the penalties are applied in accordance with Article 31 bis of the Penal Code.

This implies that companies may also be punished if proven to be involved in illegal party financing, which may lead to the imposition of additional sanctions under Article 33.

1. Receipt of Illegal Donations: Any person who receives donations destined to a political party, federation, coalition or grouping of voters in violation of the provisions of Organic Law 8/2007, shall be sanctioned with a fine of three to five times the value of the illegal contribution.
2. Prison sentences: Prison sentences, from six months to four years, apply when the illegal donations exceed certain amounts, such as 500,000 euros or more than 100,000 euros in contributions under Article 7.Two of the Law. In these cases, the corresponding fine will also be added.
3. Additional Penalties: When a legal entity is held responsible for the crime of illegal financing of political parties, additional penalties may be imposed, such as disqualification from receiving subsidies or participating in electoral processes, in accordance with Article 66 bis of the Penal Code.

Examples of illegal financing of political parties

To illustrate how the crime of illegal financing of political parties is configured, some practical cases are presented:

1. Excessive Donation Case: A businessman makes a donation of 600,000 euros to a political party, exceeding the limit of 500,000 euros established by Organic Law 8/2007. Even if the donation is transparent, it exceeds the legal amount allowed, so both the donor and the party may be sanctioned.
2. Covert Contributions through Intermediaries: A corporation seeks to influence a political party and, to circumvent restrictions, uses employees to donate on its behalf. This mechanism violates the law, since it is considered a “donation by interposed person”.
3. Hidden Financing through Activities: A political party organizes events with the support of companies, but the contributions are disguised as “sponsorships”. If these contributions do not comply with the legal terms, they constitute illegal financing of political parties.