Legitimacy of criminal sanctions for illicit financing of political parties

Pariona Arana R. · Boletin Mexicano de Derecho Comparado (2025) · DOI: 10.22201/iij.24484873e.2025.172.19621

Resumen

Political parties fulfill the fundamental task of consolidating democratic systems. As a result, the financing of political parties has become a necessity in modern states. Internationally, different models of financing are observed: public, private, and mixed. All these systems carry risks of corruption and can undermine the functioning of democratic systems. The objective of this study is to analyze the issue of illegal financing of political parties and the legitimacy of using criminal law to address it. Methodologically, this work is based on an analysis of legislation and specialized literature. The relevance of this research lies in demonstrating the insufficiency of administrative regulation to address improper financing practices and in proposing the intervention of criminal law to penalize this offense. As a result of the investigation, it is concluded that the intervention of criminal law is legitimate due to the inadequacy of administrative regulation, the autonomy of the protected legal interest, and the impossibility of addressing improper financing practices through other criminal offenses.

Instituciones: Pontificia Universidad Católica del Perú