POLITICAL PARTIES AND CRIMINAL RESPONSIBILITY: A REFLECTION ON THE SYSTEM OF PENALTIES

Abstract

Under Organic Law 7/2012, of December 27, which modifies the Organic Law 10/1995, of November 23, of the Criminal Code on transparency and fight against tax fraud and Social Security, political parties were subject, without any specialization, to the regime of criminal liability of legal persons provided for in general in arts. 31 bis et seq. of the Spanish Criminal Code. In particular, this unreserved extension presents a series of problematic aspects that fall, precisely, on one of the cornerstones of the criminal responsibility system of political parties: the system of penalties. That is why in this paper we analyze, in the first place, from an eminently practical perspective, the different penalties that can be imposed on a political party. Secondly, we will proceed to examine the constitutionality of these and, finally, we will focus on the controversial criteria of application of the penalties contemplated in art. 66 bis of the Spanish Criminal Code