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Jail for Using Dirty Campaign Money
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February 01, 2010
Mexico City - The Institutional Revolutionary Party (PRI) recently submitted a bill that proposes up to 9 years in prison for candidates, party leaders or electoral event organizers who launder money coming from organized crime in order to finance their campaigns.
The Justice Committee of Congress is already analyzing the bill. If it is approved, it would be put into practice in the 2012 federal and presidential elections, said Deputy Arturo Zamora Jiménez, who submitted the bill.
During an interview the PRI deputy said, “There is a growing need in organized crime to intervene in and to influence democratic institutions by financing their electoral campaigns,” he added.
The bill intends to reform Articles 406, 407 and 412 of the Federal Criminal Code, that relate to electoral crimes.
Article 412, sentences candidates or electoral event organizers who use laundered money to finance their campaigns to 2-9 years of prison. If somebody commits this violation, “the right of provisional freedom is not granted,” said the deputy.
Article 406 sanctions politicians who knowingly obtain or use funds, goods or services coming from illicit activities for their electoral campaign.
In regards to Article 407, it sanctions all of those who: force their employees to cast their votes in favor of a specific political party; threaten to stop providing public services or carrying out social programs and public works in order to force someone to cast their vote in favor of a political party, illegally use funds, goods or services at their disposal, to aid or illegally provide support or services to political parties through their employees.
The offenders are sanctioned with fines and 1-9 years of prison.
The Federal Criminal Code states that if someone is accused of using illicit funds to finance their campaigns, it must be proven how the resources were obtained and that they were actually used during the electoral campaign.
Deputy Zamora said that if someone illegally obtains funds during their electoral campaign but does not use them, the current law does not sanction the offenders.
Even though there are rules regarding the organization of electoral campaigns, Deputy Zamora acknowledged that these rules constantly undergo modifications to prevent potential financial crimes.
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