Chapter 12a
PENAL PROVISIONS
Article 88a
Whoever collects signatures on the nomination of the candidate for the Presidency of the Republic in violation of the prohibitions specified in Article 40g para. 1,2 or 3,
- shall be subject to a fine ranging from 1,000 to 10,000 zl.
Article 88b
Whoever conducts an electoral campaign in violation of the prohibition referred to in Article 76b para. 2,
- shall be subject to the penalty of a fine.
Article 88c
Whoever announces the outcomes of pre-election surveys (public opinion polls) on probable voting behaviour and election results, or the results of election opinion polls conducted on the polling day, in violation of prohibition referred to in Article 76c,
- shall be subject to of a fine ranging from 500,000 to 1,000,000 zl.
Article 88d
Whoever runs, within the framework of election campaigning for a candidate for the Presidency of the Republic, lotteries and contests in violation of prohibition referred to in Article 78 para. 3,
- shall be subject to the penalty of a fine.
Article 88e
Whoever serves or provides, within the framework of election campaigning for a candidate for the Presidency of the Republic, alcoholic beverages in violation of the prohibition referred to in Article 78 para. 4,
- shall be subject to penalty of a fine.
Article 88f
Whoever:
1) transfers financial resources or provides non-reimbursable services for purposes of election campaign in violation of principles referred to in Article 85 para. 2 or 3;
2) violates principles specified in Article 85 para. 4, concerning methods of collection of financial resources of the committee;
3) makes payments for one committee in amounts exceeding the limits specified in Article 85 para. 5 or 6;
4) fails to enter a reservation in respect of a banking account contract, concluded by him on behalf of the committee, that any payment for the committee shall be recorded only by methods specified in Article 85 para. 7;
- shall be subject to the penalty of a fine.
Article 88g
Whoever:
1) spends funds of the committee in violation of the principles specified in Article 84a para. 2 or 3 or the limit specified in Article 84d;
2) transfers to the committee or accepts on behalf of the committee financial resources or non-cash assets acting in defiance of prohibitions specified in Article 86;
3) spends funds of the committee in violation of the limit specified in Article 87c or the limit specified in Article 87d;
- shall be subject to of a fine from 1,000 to 100,000 zl.
Article 88h
Whoever:
1) transfers funds or non-cash assets to the benefit of another committee in violation of the prohibition specified in Article 87a para. 1, or whoever acquires or spends the resources of the committee after the day of submission of an election report referred to in Article 87g para. 1,
2) makes payments for election campaigning carried out in a way and by methods typical of advertisement, in amounts exceeding the limit specified in Article 87b, - shall be subject to the penalty of a fine.
Article 88i
1. A financial agent who fails to fulfil, within the prescribed time limit :
1) an obligation to transfer any surplus of the financial resources, as referred to in Article 87g para. 8, to a charitable institution;
2) an obligation to submit to the National Electoral Commission an election report referred to in Article 87g para. 1;
- shall be subject to a fine, or the penalty of limitation of liberty or deprivation of liberty up to 2 years.
2. Whoever prevents or obstruct the performance by the financial agent of obligations referred to in para 1, subpara 1 or 2, shall be subject to the same penalty.
3. A person referred to in para. 2 who acts unintentionally
- shall be subject to a fine.
Article 88j
Whoever:
1) conducts electoral campaigning without consent of the committee, provided that the costs of such action amount to 5,000 to 50,000 zl.
- shall be subject to a fine no less than the cost of such action;
2) performs acts referred to item (1) above, provided that their costs exceed 50,000 zl.,
- shall be subject to a fine no less than the cost of such action and to penalty of limitation of liberty or deprivation of liberty for up to 2 years.
Article 88k
The provisions on procedure in cases of misdemeanour shall be applicable to proceedings in matters referred to in Article 88b, Article 88e, Article 88f and Article 88h.