Criminal Confrontation of the Hidden Financing of Political Parties in Libyan Law: A Comparative Study
Dr. Masha Allah O. Muhammed
Assistant Professor of Criminal Law – Faculty of Law – University of Benghazi – Libya
Political parties play an important role in political life. In order to perform this role entrusted to them, they need money, and they cannot survive and continue and carry out their tasks without money, and they are prohibited from obtaining money outside the framework specified by the law. The problem lies in the fact that despite the danger of the phenomenon of hidden financing of political parties to the integrity and transparency of the basis of political action, and despite the electoral benefits in Libya, there are no explicit texts dealing with this phenomenon other than the situation in comparative legislation. The study aimed to demonstrate the effectiveness of the texts of Libyan law in their current state compared to the laws in France, Algeria and Ivory Coast in facing this phenomenon.
The study dealt with the definition of political parties, their sources of funding, and the mechanisms of criminal confrontation. In the study, we followed critical, analytical and comparative approaches to achieve the study’s goal.
The study showed the ineffectiveness of the provisions of the Libyan law in confronting this phenomenon, and the penalty is limited to the political party, and does not include the perpetrator of the crime, who remains unpunished despite the seriousness of the act. It is suggested that the Libyan legislature explicitly criminalizes the hidden financing of political parties. On the other hand, legislators in Algeria and Ivory Coast have addressed this phenomenon with explicit texts. as a crime of corruption.
Keywords: corruption, politics, censorship, punishment, parties, democracy.