Law 6/2017, Of 20 April, Of The Law 3/2007, Of 22 March, Of The Penitentiary Body

Original Language Title: Llei 6/2017, del 20 d’abril, de modificació de la Llei 3/2007, del 22 de març, del Cos Penitenciari

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CGL20170509_12_15_44 Law 6/2017, of 20 April, of the law 3/2007, of 22 March, the body of the 6/2017 Law Prison April 20, to amend the Law 3/2007, of 22 March, of the Penitentiary Body since the General Council in its session of April 20 2017 has approved the following : Law 6/2017, of 20 April, of the law 3/2007, of 22 March, of the Penitentiary Body preamble on 22 March 2007, the General Council approved the law of Prison Body with the purpose, as is clear from the preamble, to establish and regulate the functions, structure and organisation of the Penitentiary Body, as well as the statutory disciplinary and of its members. The law is divided into sixty-seven articles distributed in four titles, two additional provisions, four transitional provisions, a repealing provision and four final provisions, which happened in the regulation of Prison officials, 30 September 1993. Was enacted in a contemporary with the law 4/2007, of 22 March, prison qualified, with the common goal of moving to the penitentiary to human rights and fundamental freedoms recognized by the Constitution, and frame the mission and functions of the body and its members to Prison regulations that are part of the internal legal system , but also to the international instruments signed and ratified by the Principality of Andorra.
After eight years and some odd since it came into force the law 3/2007, of 22 March, of the Penitentiary Body, in ressurt that the purposes to be sought with approval supply have been achieved. In addition, this law has allowed us to provide the legal framework and normative Body a Prison wide enough and, therefore, has only been partially changed much and recent form, under the law 23/2014, of 30 October, qualified for the creation and regulation of the pension plan of the public function. However, practical experience has demonstrated that it was necessary to make a general revision of the regulations to adapt them to the real and current needs, and that it was also necessary to add new provisions to resolve any shortcomings or gaps option was.
For these reasons it promotes a second modification of the law on the Penitentiary Body, with a much wider scope than the previous modification, by a law that is broken down into eighty-eight articles that reformed the vast majority of provisions of the law, five transitional provisions and final provisions.
Articles 1 to 12 substantially altered or expanded, depending on each case, the title and the law to make it possible that the body can eventually participate in the Prison transfer of people arrested, punished, and in internal prison and the execution of sentences and custodial measures which dictate the jurisdictional bodies. Although until now the law of the Penitentiary and prison law Body attributed these tasks exclusively to the police force, with the exception of transfers for reasons of urgency, it is considered appropriate to envisage the possibility of the Penitentiary Body can also take on this competition, if it determines so specific and later and for the regulatory pathway. On the other hand, establishes the membership of the body in the Prison, Department of prisons, which in turn relates to the Ministry responsible for justice rather than the Ministry of the interior, with the forecast that in the future both competence fields split, and since it is more logical that the prison services, which are closely linked to the administration of Justice , part of the Ministry in charge of Justice.
It also streamlines the definition of members of the Penitentiary Body and are distinguished specifically from civil servants or agents that belong to the General Body and perform administrative functions, technical or support; regulates the integration of the two groups near the Penitentiary Body and the Department of prisons, and defined the scope of application of the law in relation to these groups. Below extends the scope of the body beyond the Andorran territory in exceptional circumstances and emergencies, and affects in particular when it comes to receive or provide training courses. And there is an explicit reference to the technical and operational means and the facilities that are required for the Penitentiary Body for the exercise of its functions. Likewise, extending the principles of action of the members of the body and, in particular, the conditions and the requirements for the use of the firearm or firearms, and means of coercive and disclosure. And added two articles, beyond the principles of action, together with the obligations of the members of the body which until now were explicitly or implicitly referred to in a scattered and increase the relationship, and also review the powers of the members of the body.

Articles 13 to 40 restored, almost all the articles of title II of the law of the Penitentiary Body, which refer to the structure and the organisation of the body, and to the rules regarding the access, promotion and training, despite the fact that time also added new and derogate others. In addition to confirm several times the transfer of competence of the Ministry in charge of Justice, close to prison will define in more detail the responsibilities that correspond to the top management or to the Minister on the one hand, and on the direction of the Penitentiary Body on the other hand. In relation to the hierarchical structure, the first prison officer and non commissioned officer go to prison to qualify as a non commissioned officer and non commissioned officer top prison prison, respectively, which in the latter case is configured as a new level in the intermediate scale, and also move the degrees of prison officer and top prison official of the intermediate level to the Executive level, with the modifications of the consequent classification levels , and it is clear that the director and Deputy director are not a degree but a function. All this with the aim to accomplish with judicial pronouncements that have occurred in the past, to expand professional career prospects within the Penitentiary Body, and recognize at the controls the use and classification that corresponds according to the specialization and the growing complexity of the tasks that are assigned to it. In this respect, reference is made for the first time in the structure, and it fosters the creation and regulate in a more detailed way the services and functional structures can be created to accomplish the mission and the functions assigned to the prison of the body.
With regard to the process of provision of vacancies newly Penitentiary and as a member of the body, there is an impact from now from a sequential perspective, without prejudice to the specific rules applicable to each of the expect to be two procedures of provision of the squares, which are the selection procedure and the internal promotion, and without detracting from the fundamental principles that are contained in the law until now in force. This allows to provide rules on the access and internal promotion within the Penitentiary Body of expository clarity and a larger global coherence. By way of example, regulates firstly the proposal and the decision for the provision of vacancies and new creation of a member of the body, and the initial procedure to be followed for this purpose in relation to the members who are on a leave of absence without reservation. Then it refers to the subsequent procedure, which is properly in the provision by the selective procedure of entry or by internal promotion, depending on whether this provision concerns, respectively, the basic scale and degree of penitentiary agent, or other scales and degrees. And relate the requirements that you need to accomplish to aspire to a vacant square or new creation of a member of the Penitentiary Body: on the one hand, the minimum requirements applicable to all candidates, and, on the other hand, the additional requirements applicable to that aim well by selective admission, either by internal promotion. It is worth noting that eliminate a priori limitations relating to age and, on the other hand, will strengthen the requirements in terms of good repute, and of course, so that to aspire to a place that belongs to the basic scale must be in possession of the certificate of secondary education or its equivalent, whereas if the place belongs to the intermediate level or Executive, you need to be in possession of a certificate of higher education University. Also regulate the systems and testing for the provision of the vacant or newly created, the rules of the call, and the assessment of the merits, the scope of which was extended: so, are taken into account as a novelty the training acquired in studies of higher education and in professional training courses and specialization, and the absence of strong disciplinary sanctions. Finally, reference is made to the Technical Committee of selection, and detailed training periods and test once it has been retrieved from the vacant square or new creation, any delegate, however, via the regulatory determination of the duration of these periods to be able to adapt to the people concerned and to the functions that are inherent , and the General needs of Prison Body.
In relation to training, is introduced for the first time the concept of lifelong learning and personal development actions, and the director of the penitentiary Body is enabled to subscribe agreements or agreements in this field, without prejudice to the powers of the competent Minister or of the Government, and the requirements set out in the case of international treaties.
Articles 41 to 67 impact on title III of the law of the Penitentiary Body, which is dedicated to the statutory scheme, to modify all articles except one and add new ones. For the first time establishes a generic catalogue of rights and duties, and two additional new articles which refer to the safety and health at work, and in the monitoring of the health status of the members of the penitentiary Body according to the risks inherent in the activity carried out. At the same time they differ clearly the result of specific health examinations and medical/psycho or review, and the situation of the reform, given that start from different premises.

Also modifies very promptly and from an eminently formal Vista the regulation relating to the reward, in the honours, rewards and bonuses, and the uniform, badges and identification badges. With regard to the firearms authorised, will require that the members of the Penitentiary Body can carry them when they are out of service, with the exception of the premises of the Penitentiary and as long as they don't try to authorized areas for this purpose, the determination of which refers to the regulatory pathway, and regulates in a more detailed way the prohibition of the possession , the port and the use of these guns. In addition, apart from the coercive means, it mentions as a novelty of subject allowed; It provides for the obligation to follow the specific training and continued timely to them hard and use, as is happening with the guns, and reveals for the first time that the tenure, the port and the use of these means are conditioned to the fact that they can also carry firearms and make use of it. Finally, enter any obligations to register, report and medical review subsequent to the use of firearms and means of holding and coercive.
On the other hand, in relation to the administrative situations, regulates, together with the Commission services, the temporary assignment to occupy jobs with reserve, with the same requirements and effects, and also the transfer. With regard to retirement, referral is made to the provisions of the law on public function and of the law of creation and regulation of the pension plan of the public function. And regarding the trade union rights, it introduces an article that aims to improve the legal certainty and that, therefore, refers the supplementary regulation of this subject to the law of trade union rights.
Articles 68 to 85 fully reformed and completed the title IV, relating to the disciplinary system, and establish first, then provide the General provisions in the field of disciplinary responsibility, a new list of rights that several members of the Penitentiary Body that are the subject of a disciplinary procedure. Then update and extend cases of very serious offences, serious and minor in which can incur, or vary the rating, according to the casuistry evidenced since the entry into force of the law of Prison Body. By way of example, are incorporated as very serious offences the repeated failure of the working day without any justified reason, the performance without the necessary decision and with delay, when in serious pain to avoid a immediate and irreparable, dependent on, or the abandonment or severe disruption of the service; as serious offences, non-attendance at the meetings and the training courses are duly convened without justified cause, or the breach of the obligations in the field of safety and health at work, and as minor offences, the fact of not having in place the required documents, permits or permissions to accomplish the functions inherent in the work place , or not to respect the delivery times of the appropriate supporting documents. On the other hand, regulates separately and in more detail the prescription of fines and sanctions. And in regards to the sanctions, will tie in with the provisions of the law of the public function expanded-in some cases: for example, it is planned as a novelty the sanction of dismissal from the position of command in the event of very serious offences and serious, and it also becomes possible to decide the compulsory relocation in another place of work when it makes a very serious. In addition, regulate the consequences not only of the penalty of temporary suspension of the functions, but also the sanction mentioned compulsory relocation in another place of work. And expand the criteria for graduated penalties and to make possible a greater individualization when necessary to impose it.
With regard to the disciplinary procedure, there is a new regulation in more detail and from a sequential perspective, clearly distinguishing the initial phases of instruction and for the resolution of the file. In particular, to regulate for the first time the consequences of the abstention of the instructor, or coping with variation in the qualification of the allegedly missing task. And in addition, will expand or complete on time the rules relating to provisional measures, to the extinction of the responsibility, in the annotation and the communication of sanctions, to rehabilitation, and the prejudice criminal law.
86 article derogates all or almost all of the additional transitional provisions, and the end of the law of the Penitentiary Body, given that they have ceased to be right to be or has already been exhausted their deployment since it came into force, and are replaced by the new provisions of this law or, as happens with the second additional provision that establishes a remuneration premium , you decide to remove it for new members of the body. With regard to the third final provision, which amended the 2007 annual salary table of the Penitentiary Body, it becomes to change by virtue of article 87 to the effect to accomplish with the new changes in the hierarchical structure and that have been reviewed from. Finally, article 88 adds an annex to the law of the Penitentiary Body that connects professional occupations type, professional classifications and places of work of the members of the body.
The Act ends with five transitional provisions and final provisions. The five transitional provisions aim to establish what are the applicable rules in regard to disciplinary proceedings that are being processed to the date of the entry into force of the law; relate in what cases the members of the Penitentiary Body may not be eligible for voluntary retirement, all of them linked to disciplinary or criminal reasons set forth; guarantee the right to continue receiving the specific compliance that has been removed to the members of the body that already included at the date on which the law into force; regulate the transitory system related to the eventual loss of the specific premium in the case of reform, and fix the time limit of one year to enable and set up a suitable prison annexes especially for visits by family members or close relatives of the inmates who are unable to obtain exit permits.

Ultimately, the first final provision modifies several articles of the law to put the body in the Prison prison orbit of the Ministry in charge of Justice, make it possible to take eventually the powers related to the transfer of internal people to Prison, at the same time opens the possibility to carry out on the internal controls of toxins and breath and allow intimate visits from above. The second final provision entrusts the Government Regulation implementing the Act and the approval of a code of ethics. The third final provision establishes the rules that take account of the changes introduced in relation to the names and the level of classification of the members of the body. And, finally, the fourth, fifth and sixth final provisions qualify several provisions of the law, allow the Government for the publication of consolidated texts and determine the date of the entry into force of the law.
Article 1. Modification of the wording of the title and modifies the wording of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "title i. General provisions" in Article 2. Amendment of paragraphs 2 and 4 of article 2 modify the sections 2 and 4 of article 2 of the law 3/2007, of 22 March, of the Penitentiary Body, which are written as follows: "[...]
2. The Penitentiary Body participates in the execution of sentences and custodial measures imposed by magistrates and criminal courts, through the retention, custody and, if necessary and in the terms specified by the regulations, the transfer of the persons detained, punished and internal prison, and the contribution to the reintegration of these people.
[…]
4. The Penitentiary Body is a body of public security in the exclusive service of the interests of the Principality of Andorra and its citizens, and is governed by the rules contained in the Act and the regulations that develop, and also to the norms of the top management and the management of the body in the exercise of powers that are attributed to it. "
Article 3. Adding an article 2 bis is added to an article 2 bis in the first chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 2 bis. Affiliation and integration 1. The body is functionally part of Prison, organically and pressupostàriament to the Department of prisons, attached in turn to the Ministry that has assigned the competences in matters of Justice.
2. The Penitentiary Body is made by the civil servants who are assigned specifically. For the purposes of the law, are understood by members of the civil servants who are assigned specifically.
3. The Department of prisons is integrated by the members of the body, and by officials or agents of the Administration that belong to the General Body and perform administrative functions, technical or support are not reserved to the members of the body. "
Article 4. Modification of article 4 modifies the article 4 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 4. Scope of application of Act 1. The provisions of the law apply to members of the Penitentiary Body, unless otherwise expressly stated.
2. The provisions of the law regulating the specific regime applicable to members of the Penitentiary Body and that differs from the general regime applicable to other civil servants or agents of the general administration. However, in the aspects that are not regulated by the law or the rules that develop, the members of the body are governed, so complementary and supplementary to the provisions of the law on public function and of the rules that develop.
3. The officials or agents of the Administration that belong to the General Body and are attached to the Department of prisons shall be governed by the provisions of the law on public function and of the rules that develop, without prejudice that may be taken into account, by means of the appropriate provisions of the law, the specificities arising from their assignment in this Department. "
Article 5. Modification of article 5 modifies article 5 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 5. Field of action 1. The field of activity of the Penitentiary Body are the premises of the Penitentiary and, if applicable, the rest of the territory of the Principality of Andorra. Also can act outside the territory of Andorra in exceptional cases or emergencies, when the nature of the situation requires it, on request or by order of the Minister competent in matters of Justice or of the competent authorities, or in compliance with the applicable international agreements or conventions that have.
2. The members of the Penitentiary Body can receive or impart training courses within the territory of Andorra in the matters of their competence or that are related to their mission, with the prior permission of the director of the body.
3. By order of the Minister competent in matters of Justice or of the competent authorities, or in compliance with the applicable international agreements or conventions that have, are members of the Penitentiary Body can also receive or impart training courses outside the territory of Andorra in the matters of their competence or that are related to their mission. "
Article 6. Adding an article 5 bis is added to an article 5 bis, in the first chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 5 bis. Members 1. Are members of the Prison that access to the profession of penitentiary agent after having passed the specific selection process established by this law and the regulations that develop it.
2. The members of the Penitentiary Body are professionals who exercise the functions inherently related to retention, custody and, where appropriate, the transfer of the persons arrested, punished with prison and internal, and the reintegration of these people, as well as the other functions that may be assigned.
3. The members of the Penitentiary Body who have lost this status due to the fact of being retired are considered retired members of the body, with the degree and the category they had at the time in which they have been retired. "

Article 7. Adding an article 5 ter is added to an article 5 ter, in the first chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 5 ter. Means and facilities 1. The Minister competent in matters of Justice, at the proposal of the director of motivated body, which must be based on the technical reports appropriate, proposes the Government anyalment the technical means and the necessary operating and facilities that are appropriate to accomplish the functions attributed to the Penitentiary Body.
2. The operating and transport material placed at the disposal of the Penitentiary Body can only be used by members in the exercise of the functions that are assigned to it and must be kept with care and diligence. "
Article 8. Modification of the letter i) and adding the letters j) and k) in paragraph 1 of article 6 modifies the letter i) and added the letters j) and h) in paragraph 1 of article 6 of the law 3/2007, of 22 March, of the Penitentiary Body, which are worded as follows: "Article 6. Functions 1. The Penitentiary Body exercises for enunciatius and not limitatius the following functions: [...]
I) to promote and participate in the timely actions of reintegration, rehabilitation and re-socialisation of internal people.
j) the transfer, the accompaniment and the custody of the internal people out of the prison, exclusively or shared with the police force, under the terms to be determined by the regulations.
k) the participation in the execution of sentences and custodial measures passed the batlles and the criminal courts, exclusively or shared with the police force, under the terms to be determined by the regulations. "
Article 9. Modification of the wording of the third chapter of the title and modifies the wording of the third chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "the third Chapter. Principles of action, obligations and powers "Article 10. Modification of the third paragraph of section 1 of article 7, repeal of paragraphs 2 and 3 of article 7, and elimination of the reference to paragraph 1 of article 7 1. Modifies the third paragraph of section 1 of article 7 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "are applicable to members of the Penitentiary Body the following principles: [...]
Third: in their relationships with the people and who are under custody, are members of the Penitentiary Body: a) must observe the life, physical integrity and the honor of these people, and you have to respect others rights and dignity. In particular, they must prevent any abusive, arbitrary or discriminatory practice that involves physical violence or moral about these people.
b) must have a correct and accurate at all times with these people, and the need to provide complete information and as wide as possible about the scope and implementation of the penalties or measures that have been imposed.
c) must act, in the exercise of their functions, with the decision as necessary and without delay when this depends on serious and irreparable damage, avoid a immediate, and in so doing should be guided by the principles of consistency, opportunity and proportionality.
d) can only make use of the firearm or firearms allowed in cases of self-defence, or employed by, or intrusion in the Prison, as long as it has a rational risk serious life or physical integrity of themselves, of the staff of the prison or of third parties, or a serious risk to the security of the Penitentiary Centre , and whenever you try to avoid a serious, immediate and irreparable. In addition, when they do so, they must be guided by the principles established by the letter c) above; always precede a warning light and face to face with regard to the intention of using the gun or guns, and should be given enough time to be able to take into account this warning.
e) can only make use of the media and authorized coercive in the exercise of the functions that are assigned to it, in accordance with the situations to be determined by the regulations, and provided that it is to prevent acts of evasion, amotinaments, taken hostage, fights and other extremely serious situations; to avoid damage of the inmates themselves or to other people, or to overcome the internal resistance of the active and passive to the orders given by the members of the body that exercise surveillance functions. In addition, when they do, are governed by the principles established by the letter c) above; always precede a warning light and face to face with regard to the intention of using the media and coercive; they should be given enough time to be able to take into account such a warning, and the use must be limited to the time strictly necessary to achieve the purpose alleged.
[…].”
2. Repealing sections 2 and 3 of article 7.
3. Delete the reference to paragraph 1 that is contained at the beginning of article 7 and that becomes a unique section. "
Article 11. Adding an article 7 bis is added to an article 7 bis, in the third chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 7 bis. Obligations 1. In addition to the obligations set out in the law and the rules that develop, and in the law on public function and the rules that develop, the members of the Penitentiary Body have the following obligations: a) Bring the uniform and the currency exchange regulations, without prejudice to the exception established in article 38, and badges of identification proving the status of Member of the body.
b) Have in effect the official documents, permissions and the permissions required to accomplish the duties inherent in the position they occupy.
c) Have the residence and the effective and permanent residence in the Principality of Andorra.
d) comply with the regulations, ministerial decrees, orders, circulars, instructions, internal notes or of service, the code of ethics and any other rule or order duly published that are taken in relation to the operation and organisation of the body.
e) Sworn or promised obedience and allegiance to the Constitution, as the Supreme rule of the legal system.

f) Keep secret rigorous respect of all data, information and facts that you know by reason or on the occasion of the fulfilment of its functions, which can only be communicated by the normative behaviors, without revealing the sources except for injunction or that they comply with the fulfilment of their functions or the applicable regulations.
g) does not make public statements about the data, the information and the facts set out in the letter f) above, unless you have been expressly authorised in writing by the director of the body.
2. The obligations referred to in the letters f and g)) of the above section are also required when the members of the Penitentiary Body have left belong to the body, on the other hand, the requirement specified in the letter of) of the previous section is also required the officials or agents of the Administration that belong to the General Body and are attached to the Department of prisons, in which the rules or orders that are mentioned are applicable.
3. the members of the body active-duty Prison or suspended are subject to the regime of incompatibilities of officials or agents of the public administration, with the following specifications: a) the collaboration in the family business requires that you will not register any remuneration for that purpose and that there is no direct contact with the public.
b) may participate in a non-paid non-profit associations or foundations.
4. The members of the Penitentiary Body are responsible for personally and directly from acts carried out during his professional performance breaking or in violation of the regulations, as well as the principles of performance and the obligations set forth in this chapter, without prejudice to the liability that may correspond to the general administration. "
Article 12. Adding an article 7 ter is added to an article 7 ter, in the third chapter of the title and of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 7 ter. Faculties for the fulfillment of the functions that are assigned to it, the members of the Penitentiary Body have the status of agents of the authority and enjoy specific powers established by law and other rules in the subjects and areas that are their competition. "
Article 13. Modification of the wording of the title II modifies the wording of the title II of law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "title II. Structure and organization. Access, promotion and training "Article 14. Modification of article 8 modifies the article 8 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: ' Article 8. The Ministry responsible for The Minister that has assigned the competences in the field of Justice, in accordance with the General objectives set out by the Government, is the body responsible for strategic policy and the promotion of the legal system in prison stuff. "
Article 15. Modification of article 9 modifies article 9 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 9. Top management and skills Correspond to the Minister responsible for justice the superior command and the Directorate of the penitentiary Body, by virtue of which exercises the following powers: in) maximum and the political responsibility of the body.
b) institutional representation of the body in the Principality of Andorra and abroad.
c) the proposed creation, modification and deletion of services, even temporary, and functional structures that are necessary to develop and achieve the objectives of the policy defined in article 8.
in general, monitoring, and planning) the control of the development and the attainment of the objectives mentioned in the letter c) above.
e) the approval of the draft budget of the Department of prisons, and the ultimate control of their execution.
f) the approval of reports and updated service statistics in the subjects of the field of competence of the body.
g) the application and the supervision of the statutory scheme of the members of the body, without prejudice to the powers attributed to the Government in this matter.
h.) the functions established by the law in connection with the access, promotion, training, administrative situations and the disciplinary regime of the members of the body.
I) the promotion, coordination and collaboration of the body with the other departments and services of the general administration, and with other public and private entities and persons.
j) any other competition resulting from the legislation. "
Article 16. Modification of article 10 modifies the article 10 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 10. Direction 1. The body is responsible for a Prison and a deputy director, who are appointed and dismissed by the Government freely on proposal by the Minister responsible for Justice, through a decree published in the official bulletin of the Principality of Andorra.
2. In case of absence or inability, the Deputy director will replace the director in all the powers and functions that have attributed in accordance with the regulations in force. "
Article 17. Modification of article 11 modifies the article 11 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 11. Powers of the Direction corresponds to the direction of the Penitentiary Body command, the operational management and the management of the body, in virtue of which exercises the following powers: a) The institutional and legal representation of the body for all purposes, including the right to take action in the name of the body and to represent it in the official events and by the international organizations without prejudice to the powers attributed to the Minister responsible for Justice in this area.
b) the issuance of the previous report in connection with the creation, modification and deletion of services, even temporary, and functional structures that are necessary to develop and achieve the objectives of the policy defined in article 8.
c) the development of the general planning and the achievement of the objectives set out in the letter b) above.
d) the elaboration of the draft budget of the Department of prisons, and the control of its execution.

e) the completion of the reports and the processing of the updated service statistics in the subjects of the field of competence of the body.
f) the promotion, coordination and collaboration of the body with the other departments and services of the general administration, and with other public and private entities and persons, without prejudice to the powers attributed to the Minister responsible for Justice in this area.
g) issuance of instructions, circulars and internal notes or service to conduct the activity and regulate the organisation and functioning of the body.
h) any other competition resulting from the legislation. "
Article 18. Modification of article 12 modifies the article 12 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 12. Principle of hierarchy, The Penitentiary Body has a structure and an organization matrilineages, and its members must comply with the orders and instructions from their heads or higher. "
Article 19. Modification of article 13 modifies article 13 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 13. Hierarchical structure 1. The Penitentiary Body is structured hierarchically in professional occupations type, professional classifications and the jobs that are set on the table which consists as a annex to the law, in accordance with the scales and the degrees or the following functions: a) basic Scale, which includes the degree of penitentiary agent and that is equivalent to the functional group C, classification level C1.
b) Intermediate Scale, which includes the degrees of non commissioned officer and non commissioned officer prison prison first, and that equal functional group B, rating levels B4 and B3, respectively.
c) Executive Level, which includes the grades of prison officer and top prison official, and that equal functional group B, rating levels B2 and B1 respectively.
of higher Level), which includes the functions of Deputy director and director, who does not belong to any functional group or to any level of classification.
2. for the regulatory pathway can be modify the names of the degrees listed in the previous section, and you can also create categories that do not entail any change of degree or scale. The requirements that you must meet to move up to category are established by the regulations. "
Article 20. Modification of article 14 modifies the article 14 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 14. Structure 1. The body is made for Prison jobs that correspond to the members of the body that are attached, in accordance with the system of professional classification established in article 13.
2. the jobs that correspond with members of the Penitentiary Body are provided in the manner and the conditions established in articles 20 to 28 and on the norms that are developed.
3. The jobs that correspond with the servants or agents of the Administration that belong to the General Body and are attached to the Department of prisons are provided in the form and conditions set by the law on public function and the regulations that develop.
4. the members of the body have their own and specific functions assigned to that point to article 6, and, on the other hand, exercise, in accordance with the scale and the degree to which they belong, the following functions: a) members who belong to the basic scale, regardless of the category, perform operational tasks and implementing Executive of the functions that are assigned to , and can also accomplish the assignment of functions of remote control of one or more members of the same scale close to the service to which they are attached, in the absence of a member from a higher level, if so determined by the Minister competent in matters of Justice, at the proposal of the director of the body.
b) members who belong to the intermediate scale met, in addition to the operational tasks and executives that may correspond, the functions of operating remote control, supervision, coordination and management of groups and sections in which the body structure.
c) members who belong to the Executive level accomplish, in addition to the operational tasks and executives that may correspond, the functions of operating remote control, supervision, coordination and management of the units, and superior control of the groups and sections in which the body structure.
d) members who belong to the upper scale accomplish the duties of operating remote control, supervision, coordination and management of the areas, and the top command of the units, groups and sections in which the body structure.
5. The realization of professional occupations and the main functions and basic activities of the places of work are specified by the regulations. "
Article 21. Modification of article 15 modifies the article 15 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 15. The principle of internal mobility 1. The field of the provision of the service of members of the Penitentiary Body, in accordance with the professional occupation type and corresponding work site, it is the whole body. To this effect, is applicable to the benefit of the service, the principle of internal mobility.
2. The principle of internal mobility implies that the head or superior, so reasonable, be entrusted to members of the Penitentiary Body any of the functions pertaining to jobs that are integrated in the same professional occupation type of the place that they occupy. "
Article 22. Modification of article 16 modifies the article 16 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 16. Organic structure 1. The Penitentiary Body is structured organically in the services and the functional structures necessary to accomplish the mission and the functions that you have assigned to it.
2. These services and functional structures may consist of areas, units, groups and sections.
3. The Heads of the services and the functional structures are designated by the Minister competent in matters of Justice, at the proposal of the director of the Penitentiary Body, among the members of the body belonging to the staircase and to the degree that is determined by the regulations, with respect to the functions provided for in paragraph 4 of article 14.

4. The service and the functional structures are created, modified or deleted by the Government for the regulatory pathway, at the proposal of the Minister responsible for Justice, and with the previous report of the director of the Penitentiary Body.
5. The functions and organization of the services and the functional structures regulate the regulations. "
Article 23. Article 17 modification modifies the article 17 of the Law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 17. 1 specialties. The members of the Penitentiary Body can develop, partially or permanently, functions which by their characteristics can be considered specializations, in addition to the functions of his regular job.
2. The types of specialties, the requirements to develop them, the reward that falsehood stems and other particularities will regulate the regulations. "
Section 24. Adding an article 17 bis is added to an article 17 bis, in the first chapter of title II of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 17 bis. Register of Members 1. The jobs and the members of the Penitentiary Body are inscribed in the register of members of the Penitentiary Body, which reports to the Ministry responsible for justice.
2. The data of each Member of the Penitentiary Body that must include in the record and which relate exclusively to administrative aspects, all of which form your personal transcript, are determined by the regulations.
3. The Ministry responsible for Justice take the necessary measures to ensure the protection and the confidential nature of the data of the register of members of the Penitentiary Body. "
Article 25. Modification of the wording of the second chapter of the title II modifies the wording of the second chapter of title II of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "second chapter. Access, promotion and training "Article 26. Modification of article 18 modifies the article 18 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 18. Provision of the Director 1. The square of the job of director of the Penitentiary Body is provided by the free appointment among civil servants who are owners of the places of jobs included in groups A or B of the classification system of the general administration, or between members of the body that are the holders of the posts included in the intermediate scales or Executive.
2. Notwithstanding the provisions of the previous section, you can also designate a person as director of the Penitentiary Body other than the general administration officer, Andorran nationality, as the staff of special relationship, in accordance with the provisions of the law of the public function.
3. The square of the job of Deputy director is provided via the free appointment between members of the Penitentiary Body that are owners of the places of work including from the scale or Executive. "
Article 27. Modification of article 19 modifies the article 19 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 19. The director and the Deputy director reserve 1. The appointment of an official of the general administration as director or deputy director of the Penitentiary Body, in accordance with the provisions of article 18, involves the reservation of place of origin to the time of termination and the allocation of the additional liability premium referred to the law of the public function. When the termination occurs, the staff member concerned returned to their place of origin, and fails to register the additional responsibility supplement mentioned.
2. If the official concerned has taken the place of the work place of the director or deputy director over a period equal to or greater than five years, in addition to the remuneration of the work place who happens to occupy, assigned the recognition of leadership referred to the law of the public function. "
Article 28. Article 20 modification modifies the article 20 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 20. Provision of the Member of the body 1. The Minister responsible for Justice, with the preliminary report of the director of the Penitentiary Body, proposed to the Government the number and type of vacancies or newly created member of the Body that must be covered. This proposal must be motivated in accordance with objective criteria based on the evolution, growth and organizational needs, structural and professional body.
2. In accordance with the proposal mentioned in the previous section, the Government determines and decides the number and type of vacancies or newly created member of the Penitentiary Body that must be covered. "
Article 29. Modification of article 21 modifies article 21 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 21. The initial procedure for the provision of places in the process of provision of vacancies or newly created member of the Penitentiary Body, it is necessary to accomplish the initial procedure below: a) before publishing the call for proposals for the provision of the vacant or newly created, these places will be able to cover in accordance with the requests of re-entry of the members of the body that are on a leave of absence without reservation , provided that they are of a job at the same level of classification to the square that the Member concerned was so immediately prior to the commencement of the leave of absence, and that gather on the other hand the requirements to occupy the vacant square or new creation.
b) if the vacant or newly created cannot be covered under the provisions of the letter a) above, are covered in the way as laid down in article 22. "
Article 30. Modification of article 22 modifies the article 22 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 22. Subsequent procedure for the provision of the 1. The provision of vacancies newly Penitentiary body member or not you were able to perform by virtue of the initial procedure article 21 will be carried out as follows:

to) the provision of the vacant or newly created belonging to the basic scale and degree of penitentiary agent takes place through the selective procedure of entry.
b) the provision of the vacant or newly created belonging to the intermediate level and the degrees of non commissioned officer and non commissioned officer first prison prison, and at the Executive level and the degrees of prison officer and top prison official, is carried out by internal promotion among the members of the body, as established by the regulations, and, moreover, in the event that there are no candidates or applicants do not meet the requirements using the selective procedure of entry.
2. Without prejudice to the provisions of the letter b) above, exceptionally and with the preliminary report of the director of the Penitentiary Body, the Minister responsible for Justice may decide so motivated that the provision of the vacant or newly created is made only by the selective procedure of entry. "
Article 31. Modification of article 23 modifies article 23 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 23. Requirements in the provision of places 1. Candidates who wish to aspire to a vacant square or new creation of a member of the Penitentiary Body must comply in all cases, in addition to the General requirements laid down by the law of the public function, the following minimum requirements: a) Had Andorran nationality.
b) Be included in the who in each case established the basis of the call for proposals, in accordance with the requirements demanded for the vacant square or new creation, to the date of the publication of the edict of the announcement in the official bulletin of the Principality of Andorra.
c) not being convicted for intentional crimes, or careless conduct linked to the exercise of the public function, while not legally before the deadline has elapsed for the prescription of the penalty imposed or have not been cancelled of the criminal.
d) not be disabled or suspended for the exercise of the trade or the position by means of a judicial resolution.
e) not have been laid off, not be disabled to provide services anywhere in the work of the public administration, or not to be suspended with the functions or for the exercise of the trade or by using a firm disciplinary resolution.
f) Be declared fit physically and push their bodies in accordance with the tests established in the process for the provision of the vacant square or new creation.
2. Candidates who wish to aspire to a vacant square or new creation of a member of the Penitentiary Body is made by the selective procedure of income also cannot be processed, case or accused for crimes of intentional, reckless or linked to the exercise of a public function, as long as they do not have produced the acquittal or have been dismissed the criminal.
3. Candidates who wish to aspire to a vacant square or new creation of a member of the Penitentiary Body is made by internal promotion, must also meet the following requirements: a) may not be prosecuted for crimes of intentional, reckless or linked to the exercise of a public function, as long as they do not have produced the acquittal or have been dismissed the criminal.
b) not be subject to disciplinary proceedings commenced by a very serious, or not having been sanctioned by a serious or very serious disciplinary fault by a firm disciplinary resolution, while not been filed disciplinary record whether or not they have canceled the annotations of the sanctions imposed.
4. Candidates who wish to aspire to a vacant square or new creation of a member of the Penitentiary Body is made by the selective procedure of income must also be in possession of a diploma or baccalaureate equivalent, issued or recognized by the Government, to gain access to the basic scale, and the title of university higher education, issued or recognized by the Government, to be determined on the basis of the call for proposals , to access the intermediate level or Executive.
5. the other specific or general requirements required to candidates who want to aspire to a vacant square or new creation of a member of the Penitentiary Body must determine the regulations or, otherwise, they have to correspond to the profile of the job justifiably concerned and must be specified in the terms and conditions of the call. "
Article 32. Amendment 24 article modifies the article 24 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 24. And testing systems for the provision of the 1. The provision of the vacant or newly created member of the Penitentiary Body is made by the opposition or competition systems of opposition, as determined by the regulations, which should respond to the principles of objectivity, publicity, equality and competition, and that aim to select candidates who fit more well to jobs that need to be covered in accordance with their training , their merits and their experience.
2. In the phase of the contest contest opposition will value the merits contained in personal files or the curriculum provided by the people allowed in the process for the provision of the vacant or newly created, according to the scale that is indicated in the rules of the call, signing to each merit a reasonable weighting. The weighting of the phase of a competition it is also indicated in the terms and conditions of the call.
3. In the phase of opposition of opposition or when the system is in opposition, candidates do the exams or training that established by the regulations, the weighting of which in the overall rating is indicated in the basis for the call. "
Article 33. Modification of article 25 modifies article 25 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 25. Terms and conditions of the call for proposals 1. The Minister competent in matters of Justice approves the terms and conditions of the call for proposals for the provision of the vacant or newly created member of the Penitentiary Body, the reports to the Secretary of State for public function, and orders the publication.
2. the basis of the call must include the requirements that you need to accomplish to aspire to the provision of the vacant or newly created and the procedure to be followed for this purpose, and also the additional information to be determined by the regulations. "
Article 34. Modification of article 26

Modifies the article 26 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 26. Assessment of the merits of the opposition contest competition for the provision of the vacant or newly created member of the Penitentiary Body is made by internal promotion, must necessarily be evaluated and at least the following merits, in accordance with the scale and the weighting that established by the regulations: a) the work experience and the professional career in the corresponding spaces occupied in the body and in the rest of the general administration.
b) acquired training in higher education studies or training courses, professional perfection and specialisation, among others, always having to matters related to the functions of the squares you have to provide, or that are of interest, usefulness or need for the places mentioned.
c) the results of the performance evaluation, the honours and rewards awarded and the absence of strong disciplinary sanctions during the professional career or during the immediately preceding period anticipating the announcement.
d) seniority within the body. "
Article 35. Modification of article 27 modifies article 27 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 27. Technical Committee of Selection 1. The Technical Committee is the collegiate governing body responsible for establishing the requirements, run of the announcements, organize the whole of the evidence for the provision of the vacant or newly created member of the Penitentiary Body, evaluate the candidates and make the proposal for the allocation of these seats, in accordance with the provisions of the legislation and the rules of the call.
2. The functions, the composition, the appointment and removal of the members, the Constitution and the appointment of the charges, the convening, quorum and decision making and the other characteristics of the Technical Committee of Selection will regulate by regulation. "
Article 36. Modification of article 28 modifies the article 28 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 28. Training periods and test 1. Once you have completed the process for the provision of the vacant or newly created member of the Penitentiary Body, the Technical Committee of Selection proposes to the Minister responsible for Justice candidates who have obtained the best overall grade of the tests, in number equal to the places that need to be covered, in accordance with the established the bases of the call.
2. The Minister responsible for justice raised the proposal for the appointment of the candidates proposed by the Technical Committee of selection for the Government, because they are named as members of the Penitentiary Body on the scale and the degree that corresponds, in period of training.
3. Candidates who are appointed by the Government in training period must follow the initial training process according to the program that you have approved the Minister competent in matters of Justice, at the proposal of the director of the Penitentiary Body. The duration of the initial training process is determined by the regulations.
4. Once the members of the Penitentiary Body have completed and passed the initial training process, if so reports to the director of the body, the Minister responsible for Justice proposes to the Government for the appointment on the scale and the degree that corresponds, in the trial period.
5. During the trial period to be determined by the regulations, they have to appreciate the training, dedication, skills, adaptation and the powers of the members of the body concerned Prison in connection with his place of work.
6. Once the members of the Penitentiary Body in trial period have satisfactorily during this period, the director of the body informs the Minister competent in matters of Justice, that proposes to the Government the final appointment on the scale and the corresponding grade.
7. The definitive appointment as members of the Penitentiary Body is published in the official bulletin of the Principality of Andorra and swore or promised obedience and allegiance to the Constitution, as the Supreme rule of the law, and the subsequent acquisition of the status of the agent's authority.
8. The appointments in all cases notified to the Secretary of State of public function.
9. In the event that the members of the Penitentiary Body in training period or trial period does not exceed the initial training process or are not evaluated positively, or give up the square or the it is impossible, for any reason, legally established, to continue occupying it: a) If the provision of the square is made by the selective procedure of income, the Minister responsible for Justice , at the proposal of the director of the body, notify in writing to the members of the body concerned the termination of the employment relationship without any further liability other than liquidate them remuneration that corresponds to the time actually worked.
b) if the provision of the square is made by internal promotion, the Minister competent in matters of Justice, at the proposal of the director of the body, notify in writing to the members of the body concerned, that return to the place they occupied in the past, with the consequences that may arise from salary.
10. The members of the Penitentiary Body in trial period have the same rights and are subject to the same duties that this law establishes in general. "
Article 37. Amendment of article 29 article 29 of the law modifies the 3/2007, March 22, the prison's body, which is worded as follows: "Article 29. Initial training, continuous and specific 1. The members of the Penitentiary Body must receive initial training, and also a continuous training and specific training, to ensure professional training for the proper fulfilment of the functions that are assigned to it, in accordance with the principles of objectivity and equality of opportunity, without prejudice to the need to adapt to the specific needs of the workplace.
2. The plan of training of members of the Penitentiary Body, which must include the initial training, continuing education and the specific training, pass the Minister responsible for Justice, at the proposal of the director of the body, in accordance with the note to the regulatory route.

3. The Department of prisons assumes the costs of training of the members of Prison Body. However, you can set the regulations the obligation of the members of the body to take charge of these costs in exceptional cases, or remain in the same place of work during a certain period from the completion of the training. "
Article 38. Article 30 modification modifies the article 30 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 30. Agreements and agreements for training to achieve the objectives of training mentioned in paragraph 1 of article 29, the Minister competent in matters of Justice, or the director of the body, with the prior authorization of the Minister competent in matters of Justice and, if applicable, of the Government, can subscribe to agreements or agreements with other public and private entities and persons, domestic and foreign , while respecting the requirements established for the case where international treaties. "
Article 39. Modification of article 31 modifies the article 31 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 31. Professional development the members of Prison Body must attend and participate in professional development activities to be carried out to ensure the proper fulfilment of the functions that are assigned to it. "
Article 40. Repeal of articles 32 and 33 and 32 of 33 articles derogate the law 3/2007, of 22 March, the prison of the body.
Article 41. Modification of the formulations of title III and the first chapter of title III Will modify the title and the first chapter III set forth the title III of the law 3/2007, of 22 March, of the Penitentiary Body, which are written as follows: "title III. Statutory chapter. Rights and duties "Article 42. Modification of article 34 article 34 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 34. Rights and duties 1. The members of the Penitentiary Body have, in addition to the rights bestowed by the law of the public function recognizes the officials, the right to: a) receive the initial training, continuous and specific in the terms established in article 29 and rules that are being developed.
b) have decent working conditions to accomplish their duties.
c) have measures to protect the health and safety at work right, in accordance with the risks inherent in its functions.
of trade union organizations) Formed to defend their rights and professional interests, affiliate and participate actively.
e) enjoy the permissions, the vacation and compensatory days that determine the article 46 and the regulations that develop.
f) Be defended if they are processed, case or accused in a criminal cause for actions or omissions made on the occasion of the development of the functions that are assigned to it, and in the face of threats and attacks on their person or their wealth as a result of the development of these functions.
g) any other rights that recognize this law and the regulations that develop it.
2. The duties of the members of the Prison make up the principles of performance and the obligations set forth in articles 7 and 7 bis, respectively, without prejudice to the other obligations established by this Act or the rules that develop. "
Article 43. Adding an article 34 bis is added an article 34 bis, in the first chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 34 bis. Health and safety 1. In order to apply the preventive principles and measures to promote the improvement of the health and safety at work, the Government and the members of the Penitentiary Body must comply with the provisions of the law on safety and health at work when applicable.
2. However, when object characteristics inherent to certain activities in the field of the functions of the body, the Prison health and safety of its members should be assured through specific regulations. "
Article 44. Adding an article 34 ter is added an article 34 ter, in the first chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 34 ter. Health surveillance 1. The Government needs to ensure the regular monitoring of the health status of the members of the penitentiary Body according to the risks inherent in the activity carried out.
2. health surveillance should be done while respecting the right to privacy and dignity of members of the Penitentiary Body, and the confidentiality of the information related to your state of health.
3. the members of the body have to go Prison for compulsory and every two years at least the required health exams to determine their fitness to perform the duties that are assigned to it. These exams are designed to monitor and track the health status of the members of the body to detect early the impact of working conditions on their health and to establish, if appropriate, the necessary measures to prevent the risks inherent in the activity carried out.
4. The results of health examinations must communicate to the Member of the Penitentiary Body interested. By exception to the principle of confidentiality according to which only the medical staff or health authorities have access to the medical information of personal character, the director of the body should be informed of the conclusions derived from the health examinations carried out by the members of the body when needed to introduce or improve prevention and appropriate protection measures.
5. The provisions of this article are also applicable to civil servants or agents of the Administration that belong to the General Body and are attached to the Department of prisons. "
Article 45. Modification of article 35 article 35 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 35. Physical conditions, mental and sensory

1. The members of the Penitentiary Body by their personal characteristics or biological state known, or by their duly recognized physical disability, mental or sensory, are especially sensitive to the risks arising from the activities carried out, must enjoy specific protection and cannot hold jobs or functions in relation to which they themselves , other employees or third parties may be exposed to hazardous situations.
2. The members of the Penitentiary Body must be in the physical, mental and sensory conditions suitable to carry out the functions inherent in the work place they occupy, and otherwise must inform the director of the Body always that may arise a danger to their physical integrity or the employees. If there are symptoms or signs are not enough to believe that he has earned some physical, psychic or sensory problem that can affect negatively or that can make unsuitable for the activity that should be developed, or that may jeopardize their physical integrity or the employees, members of the body have to undergo health exams specific and appropriate.
3. In the cases set forth in the preceding paragraph, the director of the penitentiary Body may also decide that the members of the body are subject to a specific medical/psycho or review to determine the scope of their problem and the impact that it has or may have in the work place and in the functions that are assigned to it. The director of the body communicates in writing the decision for due to a member of the body concerned and the Minister responsible for justice.
4. The specific health exams and review medical/psycho or the effects of a medical Committee composed of a specialist in occupational medicine and medical specialists or technical professionals that designate the Minister responsible for justice. The other special features on the Medical Committee are determined by the regulations.
5. The Medical Committee also has the function to examine the members of the Penitentiary Body that present certificates or find themselves in a situation that has to lead to the modification of working conditions. In this case, the Member concerned must request in writing a change of working conditions and provide doctors or designated professionals the timely documentation that will be required.
6. In accordance with the opinion that issue the Medical Committee, which is binding, the Minister responsible for Justice may decide for motivated, alternatively or jointly, as appropriate: a) the monitoring of treatment or medical prescriptions indicated in the opinion for the fulfillment due to the functions that the Member of the Penitentiary Body concerned has entrusted , for a certain time and may be renewed successively.
b) the adaptation of the conditions of the place of work of a member of the body to the measures of prevention and protection are necessary, if possible, with the corresponding adaptation of the salary structure in the new conditions of the work place, as applicable.
c) the secondment of temporary member of the body to another place of work, inside or outside of the Penitentiary Body or of the Department of prisons, which can develop properly, with the corresponding adaptation of the salary structure to the new place of work, if applicable.
d) the temporary suspension of a member of the body of its functions, if the treatment does not follow properly or medical prescriptions will not be respected, with the loss of the corresponding payments, if applicable.
7. If the Member of the Penitentiary Body refuses to undergo specific health exams or in the corresponding medical/psycho or review, the Minister responsible for Justice may decide to motivadament the suspension of a member of the body concerned of its functions for a period of no more than six months, with the loss of the corresponding payments, if applicable , or the temporary assignment of a member of the body to another place of work, with the corresponding adaptation of the salary structure to the new place of work, if applicable. "
Article 46. Adding an article 35 bis adds an article 35 bis, in the first chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 35 bis. Reform 1. The members of the Penitentiary Body may be declared in a situation of reform when: a) the situation of disability granted by la Caixa Andorrana de Seguretat Social or the situation resulting from the revision of medical/psycho or prevents them from performing the functions of the position they occupy, but are trained to exercise the functions of another job, preferably attached to the Department of prisons or Moreover, in the rest of the general administration.
b) despite being able to exercise the functions of the position they occupy, the situation of disability or the situation resulting from the revision of medical/psycho or prevents them from carrying out the day or the time of work inherent in the work place they occupy, or the carrying out of the work shifts or the duty established.
2. The statement of the situation of the reform and the subsequent assignment of a member of the Penitentiary Body to another place of work corresponds to the Minister competent in matters of Justice and, if necessary, also to the Secretary of State of public function.
3. The members of the body of Prison reform they guarantee the same retirement regime and the fixed remuneration perceived before, with the exception of the specific premium referred to the law of the public function. However, if the reform leads because of a situation strictly linked to the functions that are assigned to it, continue to receive the specific add-in. To this end, the Minister responsible for justice must apply to the Secretary of State of public function that is assigned to the difference between the new registered salary and perceptions that in your case the sufragui the Caixa Andorrana de Seguretat Social.
4. the members of the body who are in Prison are fully desvinculats reform situation of the penitentiary agent, with the suspension of the powers as members of the body are corresponding. And they have to deliver to the director of the body the gun or guns and the media and authorized coercive, professional card, the emblem and the facilities of which feature. "
Article 47. Modification of article 36

Modifies the article 36 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 36. Remuneration 1. The basic remuneration of the members of the body are Prison subject to the provisions of the law on public function and the system of professional qualification that establishes, in accordance with the annual salary that includes as annex 5.
2. The reward of the specialties, in accordance with the provisions of paragraph 2 of article 17, and the specific potential in the area of compensation systems, are determined by the regulations. "
Article 48. Adding an article 36 bis is added to an article 36 bis, in the first chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 36 bis. Honours, rewards and bonuses 1. The members of the body and Prison officials or agents of the Administration that belong to the General Body and are attached to the Department of prisons can be distinguished or rewarded if you seen any of the circumstances or one of the cases to be determined by regulation.
2. The distinctions and rewards granted must include in the personal file of the Member of the Penitentiary Body or officer or agent of the administration concerned, and are valued as a merit in the processes for the provision of vacancies or newly created.
3. You can also grant authorities or people who are not part of the Penitentiary Body, even foreign, the distinctions that established by the regulations.
4. the members of the body and Prison officials and agents of the Administration that belong to the General Body and are attached to the Department of prisons can receive bonuses do not consolidables on the occasion of the completion of the special services or by reason of the concurrence of the exceptional situations that are defined by regulation.
5. The distinctions and rewards are awarded by the Minister competent in matters of Justice, at the proposal of the director of the Penitentiary Body. The bonuses are granted by the Government, at the proposal of the Minister responsible for Justice, with the preliminary report of the director of the body. "
Article 49. Modification of article 37 article 37 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 37. Even when they are out of service, the members of the Penitentiary Body have to dress the uniform that they provide. The shape and composition of the uniform the establishes the Minister competent in matters of Justice, at the proposal of the director of the body. "
Article 50. Amendment 38 article modifies the article 38 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 38. Exceptions in the port of the uniform 1. Despite the provisions of article 37, the director of the penitentiary Body you can choose motivadament which in certain jobs, for needs of the service and if any any other justified reason, the members of the body may exercise their functions without dress up the regular uniform.
2. retired members of the Penitentiary Body can dress up the gala uniform in the official and public events and social events in which they require or advise to do it to the members of the body. "
Article 51. Amendment 39 article modifies the article 39 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 39. Currency exchange and identification badges 1. When you wear the uniform regulatory, are members of the Penitentiary Body carry currencies that established by the regulations, to the places and in the manner in which they are also expected to surrender.
2. The professional card and the emblem are the hallmarks of identifying all members of Prison Body. The form and the content of the plate and emblem is also set for the regulatory pathway.
3. For the regulatory pathway to create a distinctive card for members of the Penitentiary Body retired. "
Article 52. Modification of article 40 modifies the article 40 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 40. User identification 1. The members of the Penitentiary Body to exercise its functions without dress up the regular uniform must always be identified by the card and badge emblem.
2. the members of the body that are outside of the prison service can only use the card and badge emblem to identify themselves for reasons strictly related to the exercise of its functions. "
Article 53. Modification of the wording of the third chapter of title III modifies the wording of the third chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "the third Chapter. Weapons and means of holding and coercive "Article 54. Article 41 modification modifies the article 41 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 41. Tenure, port and use weapons 1. The members of the Penitentiary Body are subject to the possession of the firearm or firearms that have been authorized by the regulations, unless they've decided a temporary or definitive ban and in other cases established by this law.
2. However, the port of the firearm or firearms on the part of members of the Penitentiary Body can only take place when they are out of service and, in the event that this service is carried out at the premises of the prison, can only take place within authorized areas that will point to the regulations. In any case, it is forbidden to the port of the firearm or firearms in the area of custody of inmates and the inside of the prison, unless there are exceptional cases set out in the letter of) the third paragraph of article 7.
3. The members of the Penitentiary Body can only make use of the firearm or firearms in the cases and under the conditions set out in the letter of) the third paragraph of article 7. The other requirements and characteristics relating to the use of the firearm or firearms are determined by the regulations.
4. The possession, the port and the use of the firearm or firearms on the part of the members of the body require Prison have received and passed the specific training and continued that on this matter is expected to regulations. "
Article 55. Modification of the article 42

Modifies the article 42 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 42. Bans the possession, the port and the use of firearms 1. The director of the Penitentiary Body can ban for motivated, preventive and temporary, the possession, the port and the use of the firearm or firearms allowed to a member of the body that is in a situation of sick leave by reason of a mental problem, or when there are symptoms or signs are not enough to believe that he has earned a physical, psychic or sensory problem that can affect negatively or that you can make it not suitable for the activity that has developed , or that may jeopardize their physical integrity or the employees.
2. The director of the Penitentiary Body must notify immediately the prohibition of the possession, the port and the use of the firearm or firearms to the Minister responsible for Justice, which is to convene without delay the Medical Committee referred to in paragraph 4 of article 35.
3. The Medical Committee, after examining the Member of the Penitentiary Body concerned, issues a binding opinion in which ratifies the preventive and temporary ban or revoke tenure, the port and the use of the firearm or firearms. In the event that decided the final ban, apply the provisions of article 35 bis. "
Article 56. Modification of article 43 article 43 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 43. Possession, and use of coercive and 1. When they are out of service, the members of the Penitentiary Body can eventually or use coercive and that have been authorized by the regulations, according to be determined, also, to the regulatory route. In any case, however, only can use in the cases and under the conditions set out in the letter e) of the third paragraph of article 7.
2. The possession, the port and the use of coercive and by the members of the body are furnished Prison to the fact that they are also subject to the tenancy, the port and the use of the firearm or firearms allowed. So, if you've decided the ban, this prohibition are extensive tenure, the port and the use of the media and coercive.
3. The possession, the port and the use of coercive means of submission and by the members of the body require Prison have received and passed the specific training and continued that in this matter established by the director of the body, with the approval of the Minister responsible for Justice, in that it allows for the regulations. "
Article 57. Amendment 44 article modifies the article 44 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 44. Record, report, review, assessment and monitoring 1. For the regulatory pathway must determine and develop any obligations to register, report and medical review subsequent to the use of the firearm or firearms and means of holding and authorized coercive, and custody and maintenance of these weapons and the media. In any case, however, the director of the Penitentiary Body must communicate and detail the use that has been made to the competent court, the public prosecutor and to the Minister responsible for justice.
2. The use of coercive and should be evaluated and controlled by a technical Committee. Functions, the composition, the appointment and removal of the members, the Constitution and the appointment of the charges, the convening, quorum and decision making, and other characteristics of the Commission established by the regulations. "
Article 58. Modification of the wording of the fourth chapter of title III modifies the wording of the fourth chapter of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "the fourth Chapter. Day and time, holidays and permissions. Administrative situations "Article 59. Modification of article 46 article 46 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 46. Holidays, permissions and compensatory days 1. The distribution of periods of holidays, the granting of permits and the establishment of days of recovery or compensation of the members of the penitentiary Body are conditioned to proper functioning of the Organization and of the service of the body.
2. The members of the Penitentiary Body have a right, in general, thirty-five calendar days of paid vacation each year. The holiday period is not made during the calendar year to which it relates, or at most until 31 January of the following year, you cannot accumulate in later years, except for exceptional cases and justified, with the favourable report from the director of the body. The other characteristics in terms of holidays are determined by the regulations.
3. The members of the Penitentiary Body have the right to obtain the administrative permissions that will point to the regulations, under the conditions laid down therein. The granting and refusal of administrative permissions corresponds to the director of the body.
4. The director of the Penitentiary Body communicates anyalment the days of compensation that are members of the body, which are proportional to the time worked. These days correspond to the official holidays published, of which benefit the rest of officials or agents of the public administration, in which the members of the body are forced to work by reason of service.
5. The members of the Penitentiary Body cannot enjoy the days of compensation for public holidays during which have been sick sick. "
Article 60. Modification of article 47 article 47 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 47. Commission services and temporary assignment 1. The members of the Penitentiary Body request it can be attached on secondment for a maximum period of two years, renewable for another year, a document provided that they have spent at least two years since that occupy your place of work.
2. Once you have completed the assignment on secondment or temporarily to fill jobs with reservation, members of the Penitentiary Body should return to their place of work.

3. The assignment of a member of the Penitentiary Body on secondment or temporarily to fill jobs with reservation is subject to the public interest and the proper functioning of the Organization and of the service of the body, and requires the favorable report of the director of the body.
4. The assignment of a member of the Penitentiary Body on secondment or temporarily to fill jobs with reserve corresponds to the Secretary of State of public function, at the proposal of the Minister responsible for justice.
5. The members of the Penitentiary Body that are attached on secondment or temporarily to fill jobs with reserve are fully desvinculats of the role of the prison officer, with the suspension of the powers as members of the body are corresponding. And they have to deliver to the director of the body the gun or guns and the media and authorized coercive, professional card, the emblem and the facilities of which feature throughout the duration of the assignment. "
Article 61. Modification of article 48 article 48 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 48. Leave 1. The members of the Penitentiary Body are on a leave of absence when temporarily and voluntarily separated from active service by any of the circumstances set out in the law on the public function, with the following differences: a) the leave of absence for particular interest is subject to the public interest and the proper functioning of the Organization and of the service of the body.
b) the Declaration of the leave of absence of the members of the body is approved by the Minister competent in matters of Justice, at the proposal of the director of the body, and it is reported to the Secretary of State of public function.
2. The return to active duty members of the Penitentiary Body on a leave of absence is made in the manner, conditions and the effects established in the law on the public function, with the particularity that the decision about re-entry corresponds to the Minister responsible for Justice, at the proposal of the director of the body. This decision is communicated to the Secretary of State of public function.
3. the members of the body which are in Prison on leave are fully desvinculats of the role of the prison officer, with the suspension of the powers as members of the body are corresponding. And they have to deliver to the director of the body the gun or guns and the media and authorized coercive, professional card, the emblem and the facilities of which feature throughout the duration of the leave of absence. "
Article 62. Modification of article 49 article 49 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 49. Transfer 1. The members of the Penitentiary Body may request the transfer to a vacant square or new creation corresponding to a job with the same or similar characteristics to that of the square that is dealing with the Member concerned, provided that it does not take a salary increase.
2. The members of the Penitentiary Body can also request the move to a place that belongs to a lower level or a lower level of the same scale in relation to the square that the Member concerned was prior to transfer. This move means that in accordance with the remuneration of the new square and placed in the middle band, and that the Member concerned renounce to the salary that exceeds.
3. The Minister responsible for Justice to decide on the transfer, at the proposal of the director of the Penitentiary Body, in accordance with the public interest and the proper functioning of the Organization and of the service of the body. This decision is communicated to the Secretary of State of public function. "
Article 63. Modified the wording of Chapter five of the title III modifies the wording of Chapter five of the title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "chapter five. Social security, retirement and insurance "Article 64. Modification of the article 50 modifies article 50 of the law 3/2007, of 22 March, the prison's body, which was modified in turn by the third final provision of the law 23/2014, of 30 October, qualified for the creation and regulation of the pension plan of the public function, and is worded as follows: "Article 50. Social security and retirement 1. The members of the Penitentiary Body are subject to the general regime of the social security system. In addition, they must have the appropriate social protection system in the event of death, disability, illness, work-related injury and temporary disability, in accordance with the applicable regulations.
2. The retirement of members of the Penitentiary Body is governed by the provisions of the law on public function and of the law of creation and regulation of the pension plan of the public function. "
Article 65. Modification of article 51 article 51 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 51. Insurance 1. The members of the Penitentiary Body must be covered by an additional insurance policy by the Government to cover all the risks arising from their profession.
2. professional liability coverage does not include liability for actions or omissions for which the members of the Penitentiary Body have been criminally punished or disciplinàriament. "
Article 66. Modification of the statement and of paragraphs 3 and 5 of article 52 Will modify the statement and sections 3 and 5 of article 52 of the law 3/2007, of 22 March, of the Penitentiary Body, which are written as follows: "Article 52. Freedom and trade union activities and the rights to strike and demonstration [...]
3. The legally established trade union organizations have the right that they provide a venue for the exercise of its activities, at the premises as determined by the director of the Penitentiary Body. Union representatives must have the conditions and the time needed to attend the activities of its function, in the manner and to the extent established by law of the public function or via regulations, without prejudice to the proper functioning of the Organization and of the service of the body.
[…]

5. The members of the Penitentiary Body are prohibited from openly and publicly defend their rights and professional interests used in whole or in part the gun or guns and the media and authorized coercive, the uniform and the illegal currency and operating material and transportation. "
Article 67. Adding an article 52 bis is added to an article 52 bis, in chapter six of title III of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 52 bis. Applicable regulations In everything not established in article 52 and the rules that develop, the Constitution, and the rights of trade union organisations, its representatives and its affiliates, and the exercise of the activities carried out shall be governed by the law of trade union rights. "
Article 68. Modification of article 53 article 53 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 53. Disciplinary liability 1. The members of the active duty, or Penitentiary Body, suspended, are subject to disciplinary liability arising from the breach of the law and the rules that develop.
2. The disciplinary responsibility is separate from civil and criminal liability may be incurred which are members of the Prison's body by the same facts.
3. It is considered a foul all disciplinary action or omission that constitutes a breach of the principles of performance, the obligations and the duties to which they are subject are members of Prison Body.
4. the Commission a lack implies the requirement of disciplinary responsibility by imposing sanctions that apply depending on the classification and the procedure established in the law.
5. Is responsible for the disciplinàriament member of the Penitentiary Body that is the author of the missing and the other members of the body that have induced, labor or the Commission: a covert) is considered author who makes poor personally, together with others, or by someone who serves as a tool. It is also considered the author who directly and knowingly or induces others in the Commission of a lack, or to cooperate with necessary acts. Likewise, it is considered a default author who, with knowledge of the Commission of a foul and having the obligation to avoid the result and being able to do so, has allowed the production without having participated.
b) is considered Peachum who, having knowledge of the Commission of a lack and without having participated, help the developer to take advantage of it. "
6. For the purposes of articles 55, 56 and 57, reiteration is understood to have been committed on two occasions the facts in question within a period of one year. "
Article 69. Adding an article 53 bis is added to an article 53 bis, in the first chapter of title IV of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 53 bis. Rights of the members of the body that are object of a Prison disciplinary procedure have the following rights: a) the right to be informed of the facts that they were charged with, any fines that these facts may constitute, of sanctions that may be imposed, the identity of the person designated as an instructor and of the person or the competent body to impose the sanction.
b) right of access to the disciplinary file, to know the State of the procedure and to get copies of the documents, under the terms of the code of the administration.
c) right to formulate allegations, to come up with the tests they deem appropriate and to use all means of defence allowed by the legislation they are coming from.
d) the right to the presumption of innocence and not to testify against themselves.
e) the right to be assisted by a lawyer during the processing of the file, of free choice on the part of the members of the body and their dependent.
f) the right to obtain a reasoned resolution.
g) any other rights that recognize the Constitution or the law. "
Article 70. Modification of article 54 modifies the article 54 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 54. Classification The Disciplinary Body committed by members of the Prison are classified as minor, serious and very serious. "
Article 71. Modification of article 55 modifies the article 55 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 55. Very serious offences are considered very serious offences: a) the breach of the working day or non-attendance at the service repeated and without justified cause.
b) the qualification of repeated failure in the performance of the work evaluated through the system of evaluation and performance management.
c) the exercise of public or private professional activities that prevent the fulfillment of the functions assigned to it or compromise the impartiality and independence.
d) the breach of the obligation to inform without delay the head or the superior of any issue that you have to know by reason of their functions or that requires an urgent decision, when arising from loss or damage.
e) acting without delay the necessary decisions and, when severe, immediate, and irreparable damage to avoid a dependent on.
f) the denial of aid and the lack of urgent intervention in any situation in which the performance is required or advisable.
g) The refusal to exercise the functions inherent in the work place in emergency situations, out of necessity or on the occasion of exceptional services, although not being of service.
h) neglect or serious disruption of the service.
and) the issuance of reports and resolutions and any action or omission that cause very serious damage to manifestly illegal the general administration, the public or internally.
j) faking volunteer of the data and information relating to the service.
k) counterfeiting, theft, simulation or destruction of documents of the service under your own custody or any other civil servant.
the) hiding or altering a test in order to harm or benefit from an inmate.
m) the fact of causing damages in the premises and material from the service and, in general, heritage and property of the general administration or other public administrations.
n) appropriation of property belonging to the Government or to third parties.
o) the mandate to a subordinate to execute an act manifestly illegal.

p) the action of receiving donations, advantages or privileges of any kind for oneself or for a third party, by reason of the functions assigned to it.
q) The carrying out of an act of corruption, of Belvidere, or bribery.
r) the fact of being in a situation of drunkenness and of consuming or being under the influence of drugs or psychotropic substances, toxic narcotic products during the service, unless properly communicated to the medical prescription of the body, and the fact of refusing to the relevant checks.
s) any conduct constitutes a crime.
t) The erosion of the rights and dignity of the people and that they have in custody and, in particular, any abusive, arbitrary or discriminatory practice that involves physical violence or moral.
u) The inflicció of torture or inhuman or degrading treatment in the internal people and having custody.
v) comply with applicable rules on the use of the firearm or firearms and means of coercive and disclosure.
w) the fact of providing internal people and having custody of alcoholic beverages, narcotic or psychotropic substances, toxic drugs, products, unless it has been prescribed by medical practitioners authorised to this effect.
x) the fact of allowing or facilitating the escape of inmates of the prison.
and that means) all discrimination by reason of birth, race, sex, sexual orientation, religion, language, opinion, neighbourhood or any other condition or personal or social circumstance.
z) the hindrance in the exercise of the fundamental rights and public freedoms.
AA) strike, the exercise of this right, substitutions of actions or by appointment that may alter the continued and uninterrupted provision of essential services.
BB) the demonstration or the public defence of the rights and professional interests used in whole or in part the gun or guns and the media and authorized coercive, the uniform and the illegal currency and operating and material transport.
breach of the duty of CC) professional secrecy, with regard to the data, the information and the facts known by reason of the functions of the job, when is a detriment to the general administration, the public or internally.
DD) making public statements about the data, the information and the facts covered by the professional secrecy without the appropriate authorization, when is a detriment to the general administration, the public or internally.
EE) acts, the demonstrations and the behaviors that infringe the dignity of officials or agents of the Government or other public authorities, and against the image of Prison Body.
FF) does not respect or not to abide by the Constitution or the law, not respecting the institutions of the Principality, and the events, demonstrations and the behaviors that harm the good name, reputation and consideration due.
Gg) the Commission of two serious offences, even if they are of different nature, provided that they commit within the period of one year from the first of the faults and that the author has been sanctioned for this lack.
HH) Cover, induce, cooperate or consent to the Commission of a very serious. "
Article 72. Amendment 56 article modifies the article 56 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 56. Serious offences are considered serious faults: a) the breach of the working day or non-attendance at the service without justified cause.
b) the actions and omissions designed to evade the schedule control systems or to prevent that are detected are unwarranted breaches of the working day.
c) the exercise of activities of any kind during a situation of sick leave which are incompatible with the causes or the reasons that have motivated this low.
d) non-attendance at the meetings and the training courses and professional development are duly convened without justified cause.
e) the qualification of inadequacy in the performance of the work evaluated through the system of evaluation and performance management.
f) The refusal to undergo health exams related to the workplace.
g) do not comply with the obligations in the field of safety and health at work that are required in accordance with the place of work.
h) not the uniform and the illegal currency or the badge of identification, whenever required, unless a justified cause exists.
and) denial of identify yourself as a member of the penitentiary Body with the corresponding badge during the exercise of the functions, when required to do so.
j) the glitz of the credentials or the status of an agent of the authority and the use of the professional card without any cause to justify it.
k) the loss of the credentials or professional card and the fact that enable the theft, inexcusable negligence, when arising damage.
the) loss of the weapon or firearms and means of coercive and authorised, and the fact of the theft, negligence and inevitable.
m) the breach of the obligations of the registry and report in connection with the use of the firearm or firearms and means of coercive and disclosure.
n) does not take into effect the official documents, the permissions or authorisations required to accomplish the duties inherent to the work place, after having been warned of this circumstance and once after the deadline required to renew them, except in the case of disabled justified.
or keep the home and residence) is not permanent and effective in the Principality of Andorra.
p) the breach of the rules on incompatibility laid down in the law on public function and in this law.
q) lack of performance or effectiveness manifested, not justified and settled, or if it results in damage to the proper functioning of the service although it does not constitute a continuous behavior.
r) the delay, negligence and carelessness in the performance of the functions or of the orders or instructions, if you happen to damage or harm.
s) the breach of regulations, ministerial decrees, orders, circulars, instructions, internal notes or of service, the code of ethics and any other rule or order duly published that are taken in relation to the operation and organisation of the body, if you happen to damage or harm.

t) the breach of the obligation to inform without delay the head or the superior of any issue that you have to know by reason of the functions or that requires an urgent decision, if not derived from damages.
u) managers or disobedience hierarchical superiors in the exercise of the functions and failure to comply or on individual or collective in front of the shell or legitimate instructions received.
v) demerits of respect or consideration of serious and manifest with the citizens, the interns, the superiors, subordinates or colleagues.
w) The repeated lack of cooperation or coordination in the activities with other departments and services of the general administration, and with other public and private entities and persons.
x) incorrectness with internal people or having custody, and the failure to provide them with the necessary information on the scope and implementation of the penalties or measures that have been imposed.
y) acting with abuse of powers resulting in damages to third parties, if it does not constitute a very serious.
z) the abuse of authority in the exercise of the functions of the job, making use of the powers of its own or of the assets and resources of the general administration for purposes unrelated to the functions attributed to it.
AA) issuing reports and agreements that on the occasion of a negligent performance may cause serious damage to the Government, the public or internally.
BB) the use of operating and transport material for personal use or out of the exercise of the functions, without having the appropriate authorization.
CC) the negligence or lack of care in the use and maintenance of the premises, the equipment and documents of the service, if you happen to damage or harm.
DD) cause damage by negligence discernible in the wealth and the assets of the general administration or other public administrations.
EE) The consumption of alcoholic beverages being of service.
FF) Any fraudulent behaviour that is constitutive of a criminal contravention.
Gg) breach of the duty of professional secrecy with regard to the data, the information and the facts known by reason of the functions of the job, if it does not constitute a very serious.
HH) Make public statements about the data, the information and the facts covered by the professional secrecy without the appropriate authorization, if it is not a very serious.
II) do not maintain political neutrality in the exercise of their functions.
JJ) Cover, induce, cooperate or consent to the Commission of a serious.
KK) the Commission of two offences, although they are of different nature, provided that they commit within the period of six months from the first of the faults and that the author has been sanctioned for this lack.
LL) in general, the breach by gross negligence of duties and obligations inherent in the functions. "
Article 73. Amendment 57 article modifies the article 57 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 57. Minor offences are considered offences: a) the breach of the repeated work schedule and without justified cause.
b) The repeated lack of punctuality at meetings and the training courses and professional development are duly convened without justified cause.
c) failure to comply with the work day or non-attendance at the service for any justified but without having it connected previously to the head or to the superior.
d) non-attendance health exams related to the workplace without justified cause.
e) take the uniform or the Forex regulatory incorrectly or used and, in general, neglect in personal presentation.
f) do not identify themselves as a member of the penitentiary Body with the corresponding badge during the exercise of the functions, when required to do so.
g) the loss of the credentials or professional card and the fact that enable the theft inexcusable negligence, when not arising from losses.
h.) the loss of the weapon or firearms and means of coercive and authorised, and the fact that enable the theft, simple negligence.
and have No official documents, in effect) the permissions or authorisations required to accomplish the duties inherent to the work place, except in the case of disabled justified.
j) does not respect the delivery times of the appropriate supporting documents as established by the applicable regulations.
k) the fact that bypass the established procedure to make any request, except in case of emergency or disabled justified.
the) lack of performance or effectiveness expresses and not justified.
m) the delay, negligence and carelessness in the performance of the functions or of the orders or instructions, if you don't happen to damage or harm.
n) the breach of regulations, ministerial decrees, orders, circulars, instructions, internal notes or of service, the code of ethics and any other rule or order duly published that are taken in relation to the operation and organisation of the body, if you don't happen to damage or harm.
o) not disseminate or apply knowledge and skills acquired in the training and professional development, and, in general, in the courses and studies funded by the Government.
p) incorrectness with citizens, the interns, the superiors, subordinates and peers, when they revisit the nature of serious.
q) lack of cooperation or coordination in the activities with other departments and services of the general administration and other public and private entities and persons, when they revisit the nature of serious.
r) The negligence and lack of care in the use and maintenance of the premises, the equipment and documents of the service, if you don't happen to damage or harm.
s) Cover, induce, cooperate or consent to the Commission of a mild kick.
t) in general, the breach by slight negligence of duties and obligations inherent in the functions. "
Article 74. Adding an article 57 bis adds an article 57 bis, in the second chapter of title IV of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 57 bis. Prescription

1. The offences prescribed in any of six months; the serious offences, within two years, and the very serious offences, at the end of four years. These terms will start to be counted from the date of granting, or from the day on which you've had to have knowledge.
2. The prescription period is interrupted by any action taken with the formal knowledge of the Member of the Penitentiary Body interested to speak to the initiation, processing or the decision of the disciplinary file.
3. The interruption ceases to have effect if not disciplinary record incoa or is paralyzed for more than six months to cause not attributable to the Member of the Penitentiary Body interested. In this case, the calculation of the period of limitation starts again from the date of the latest record performance in the disciplinary file.
4. In the case of suspension of the processing of the file due to prejudice criminal law, the prescription period for the rest suspended until the director of the Penitentiary Body becomes aware of the firm resolution relapse in the criminal sphere. "
Article 75. Amendment 58 article modifies the article 58 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 58. Sanctions 1. By the Commission of very serious offences can be imposed, alternatively or jointly in the case of the letters in); b) and d), and c) and d), one of the following sanctions: a) dismissal and disqualification, temporary or definitive, to provide services in any place of work of the general administration.
b) compulsory Relocation in another place of work, inside or outside of the Penitentiary Body or of the Department of prisons, with the corresponding adaptation of the salary structure to the new place of work.
c) Resignation from the position of command, with the corresponding adaptation of the salary structure to the new place of work.
d) temporary suspension of the functions of up to a maximum of two years, with the loss of the corresponding remuneration.
2. for the Commission of serious offences can be imposed, alternatively or jointly in the case of the letters in) and d), and b) and d), any of the following sanctions: a) compulsory Relocation in another place of work, inside or outside of the Penitentiary Body or of the Department of prisons, with the corresponding adaptation of the salary structure to the new place of work.
b) Resignation from the position of command, with the corresponding adaptation of the salary structure to the new place of work.
c) temporary suspension of the functions of up to a maximum of six months, with the loss of the corresponding remuneration.
3. For the Commission of offences can be imposed, alternatively or jointly in the case of the letters a) and b), any of the following sanctions: a) temporary suspension of the functions of up to a maximum of fourteen days, with the loss of the corresponding remuneration.
b) proportional Deduction of the remuneration for the faults of punctuality and attendance.
c) written Reprimand.
4. Together with the imposition of some of the sanctions mentioned in the previous sections, you can also impose the obligation to pay the value of the lost or damaged material or to restore the money advanced.
5. Cannot impose sanctions, which consist of the reduction of the duration of the holiday or on another reduction of the rights of rest of the members of Prison Body. The sanction may not imply in any case the violation of the right to the dignity of a member of the body sanctioned. "
Article 76. Adding an article 58 bis is added a new article 58 bis, in the third chapter of title IV of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 58 bis. Temporary suspension of features and compulsory relocation in another place of work 1. The penalty of temporary suspension of the functions entails deprivation of the exercise temporarily the functions; the prohibition of the possession, the port and the use of the firearm or firearms allowed. the prohibition of the use of the uniform and the illegal currency and identification badge; the loss of the corresponding remuneration, and, if applicable, the prohibition of access to the premises of the Penitentiary Body without the authorization of the director of the body.
2. The sanction of compulsory relocation in another place of work outside of Prison Body entails the deprivation of the exercise of the functions; the prohibition of the possession, the port and the use of the firearm or firearms allowed. the prohibition of the use of the uniform and the illegal currency and identification badge; the adaptation of the salary structure to the new place of work, which can mean a reduction of the corresponding remuneration, and, if applicable, the prohibition of access to the premises of the body without the permission of the director of the body. "
Article 77. Amendment 59 article modifies the article 59 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: Article 59. Graduation graduation sanctions depending on the circumstances in each case are met, in accordance with the General principles set out in the legislation and, in particular, in accordance with the following criteria: a) personal Transcript.
b) responsibility of the work place.
c) Intentionality.
of service disruption) or importance for public safety.
e) damages caused.
f) background and reiteration or recidivism.
g) level of participation.
h) That the same facts have been sanctioned in the penal field.
Article 78. Amendment 60 article modifies the article 60 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 60. Prescription 1. The penalties imposed for offences prescribed after six months; penalties for serious offences, within two years, and the penalties for very serious offences, at the end of four years. These terms will start counting from the next day of the day in what has become a firm resolution that imposes the penalty.
2. The period of prescription is interrupted by the home, with the formal knowledge of the Member of the Penitentiary Body sanctioned, the execution of the penalty.
3. The interruption continues to have effect if the execution rest stop for more than a year to causes not attributable to the Member of the Penitentiary Body sanctioned. In this case, the calculation of the period of limitation starts again from the date of the last action that the record in the case of execution. "

Article 79. Amendment 61 article modifies the article 61 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 61. Home of the procedure 1. The disciplinary procedure against a member of the penitentiary Body starts, ex officio or following a complaint or a communication, under the instigation of disciplinary proceedings, which will apply with respect to the General principles of the system of sanctions.
2. The competition for already a disciplinary case against a member of the penitentiary Body corresponds to any of the heads of the services or the functional structures where it is assigned a member of the body expedientat when it comes to facts qualified as offences; the director of the body when it comes to qualified facts as serious offences, and to the Minister responsible for Justice, with the preliminary report of the director of the body, when it comes to facts qualified as very serious offences. If the same facts can constitute more than a foul with a distinct classification, is competent for the disciplinary steps the body which it by reason of the lack of more serious.
3. The person responsible for the disciplinary records already designated an instructor between the members of Prison Body.
4. The instructor should abstain in cases in which it establishes the applicable regulations and, in case you don't do it, it can be recusat: a) If you are meeting some reason of incompatibility and, in particular, some of the cases outlined in the code of conduct for the public administration, the instructor must notify the person who has designated, within a maximum period of five working days from the day after the day on which you learn of the appointment. Within five working days, the person who has designated the instructor solves motivadament, and this resolution is not susceptible of appeal.
b) in the event that it should reject the instructor, also solves the motivadament person who has designated, in the same period pointed out to the letter a) above. This resolution is not susceptible to appeal, notwithstanding that it can be argued this end by virtue of the resource that is lodged against the disciplinary resolution.
5. The resolution by which the incoa disciplinary record and is designated the instructor must be notified in writing to the Member of the expedientat Prison Body. "
Article 80. Amendment 62 article modifies the article 62 of law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 62. Instruction of the record 1. The instructor must formulate, within a maximum period of one month for the offences, and two months for serious offences and very serious, from the day on which will notify a member of the body specified in resolution expedientat Prison section 5 of article 61, the corresponding charges, which must include the facts charged, with expression of the faults allegedly committed and the sanctions that apply to you.
2. The charges must be notified in writing to the Member of the body expedientat Prison, which has a period of ten working days to make allegations and to request, if appropriate, the practice of testing understanding necessary for his defence.
3. Once answered the charges or after the deadline without doing so, the instructor can do the tests requested and the other evidence as it deems appropriate and may be admissible in law, within the period of one month. Subsequently, given the disciplinary record in Prison expedientat Member for a period of ten working days to provide the conclusions it deems appropriate.
4. If at the time of formulating the charges or after practice testing concludes: a) that the facts can constitute a serious, in the case of a file for a mild or missing commenced a very serious, in the case of a mild or serious failure to a lack commenced, the instructor should raise the matter to the director of the prison disciplinary Body , or to the Minister responsible for Justice, respectively, to file the case commenced and incoï, if necessary, a new disciplinary record in accordance with the provisions of article 61 and this article.
b) that facts can constitute a mild, in the case of a case commenced by a serious or a very serious or serious, in the case of a file for a very serious failure commenced, the instructor must continue the processing of the disciplinary record and remains competent to resolve the the person or body that it was in accordance with the kind of fault in virtue of which had qualified the facts initially. However, the instructor must state that fact to the schedule of charges or after practice tests, according to the case.
In both cases, the instructor must know the Member expedientat.
5. All individuals and public and private entities are required, with the limitations established by law, to provide the instructor with the necessary information for the proper end of the instruction of the case. "
Article 81. Amendment 63 article modifies the article 63 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 63. Resolution of the record 1. The competition to dictate the disciplinary resolution and, if appropriate, impose the appropriate sanctions, or to file disciplinary record, corresponds to the director of the Penitentiary Body for minor offences, the Minister competent in matters of Justice for serious offences, and the Government for the very serious offences.
2. The disciplinary resolution should be promulgated within a period of 15 working days for the minor offences, 30 working days for serious offences and forty-five working days for very serious offences, once after the deadline granted to a member of the expedientat Prison Body to formulate the conclusions.
3. The disciplinary resolution should be motivated and cannot include facts other than those which have based the charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it must determine with accuracy the faults committed, the precepts which are classified and the sanctions imposed.

4. Sanctions of reprimand, written as a result of the Commission of offences can be imposed by the director of the Penitentiary Body without the need to appoint an instructor or perform any other procedure that the hearing or written allegations of the Member of the expedientat Body, within a maximum period of one month from the date on which it notifies the resolution by which the incoa disciplinary record.
5. In other cases, if they so request in writing and expressly the corpsman expedientat Prison, and at the same time is in accordance with the facts charged, the applicable sanction is missing and committed, you can bypass the instruction of the file and the corresponding disciplinary resolution on the part of the person or the competent in accordance with paragraph 1.
6. The disciplinary resolution should report to the Secretary of State of public function and can be challenged by the administrative, in the terms established by the code of the administration. Once sold out this way, it is possible to lodge an appeal before the Administrative Section of the Council, under the terms of the administrative and tax jurisdiction law. "
Article 82. Amendment 64 article modifies the article 64 of the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Article 64. Precautionary measures 1. At the beginning or during the processing of disciplinary proceedings, the person responsible for the dossier already may adopt provisional measures of a temporary suspension of the functions, when the transcript is instructed by a very serious, or temporary secondment of a member of the Penitentiary Body expedientat to another place of work, when the transcript is instructed by a serious or very serious.
2. These precautionary measures can lead to provisionally the deprivation of the exercise of the functions; the prohibition of the possession, the port and the use of the firearm or firearms allowed. the prohibition of the use of the uniform and the illegal currency and identification badge; the prohibition of access to the premises of the Penitentiary Body without the authorization of the director of the body, and, if applicable, the reduction or loss of the corresponding remuneration.
3. At the time of resolve about the adoption, extension or lifting of the provisional measures, have to assess the severity of the facts charged, the circumstances are met in each case and the personal file of the Member of the expedientat Prison Body.
4. The resolution in which they decide to adopt or extend provisional measures must be motivated.
5. The period of temporary suspension of the functions, as a provisional measure, it may not be higher than the penalty of temporary suspension of the duties that may be imposed by the allegedly missing task. The time spent has been take into account for the purposes of computing the period of sanction of temporary suspension of the functions that can be imposed in the disciplinary file.
6. In the event that the precautionary measures imposed have led to the reduction or loss of the corresponding remuneration, it must offset the foregone compensation received by a member of the expedientat Prison Body if it resolves eventually the facts committed are constituent parts of a mild, without prejudice to the sanctions that were imposed in the wake of these events; If the penalty imposed does not involve the reduction or loss of remuneration, except for the penalties of dismissal and disqualification, temporary or definitive, to provide services in any place of work of the general administration, or if you filed disciplinary record for have not been accredited the facts charged. "
Article 83. Modification of article 65 article 65 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 65. Termination of liability 1. Disciplinary liability is terminated by the fulfillment of the sanction, the death of a member of the Penitentiary Body expedientat, prescribing the lack and the prescription of the sanction.
2. If, during the processing of the disciplinary record is the loss of the status as a civil servant of a member of the expedientat Prison Body, should dictate a resolution declares extinguished the disciplinary liability and filed the procedure, unless an interested party urge the continuation of the procedure of the case, and without prejudice to the civil or criminal liability arising from the faults committed eventually during the time in which the Member was civil servant. "
Article 84. Modification of article 66 article 66 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 66. Scoring and communication of sanctions and rehabilitation 1. Disciplinary sanctions are recorded in the personal file of the Member of the Penitentiary Body sanctioned and is noted in the register of members of the Penitentiary Body and in the registry of the public function, with an indication of the faults that have motivated.
2. The annotation will cancel, for the purpose of rehabilitation, provided that the Member incurred new disciplinary responsibility in not sanctioned Prison, when deadlines have passed a year in the case of penalties for offences; two years in the case of penalties for serious offences, and four years in the case of penalties for very serious offences, except for the penalties of dismissal and disqualification for providing services in any place of work of the general administration.
3. The expiry period for rehabilitation is counted from the day after the day on which it has fulfilled the sanction. The cancellation of the annotation, once fulfilled the terms indicated, is made ex officio or at the request of a member of the Penitentiary Body sanctioned. "
Article 85. Modification of article 67 article 67 of the law is modified, 3/2007 of 22 March, the Penitentiary Body, which is worded as follows: "Article 67. Processing of the file in case of criminal proceedings 1. If in the course of the processing of disciplinary proceedings is manifest evidence of conduct that may constitute a criminal offence, the director of the penitentiary Body must know in the competent court. On the other hand, the person responsible for the file or disciplinary steps, if necessary, the instructor must suspend, then the processing of the case mentioned, which interrupts the calculation of terms of prescription and expiry, until until a firm resolution in the criminal field.

2. When you are instructing or judging a criminal proceedings for the same facts that have originated or shall behave in a disciplinary file, or other events that are closely linked, they should start the processing of the disciplinary file, if it has not been started before, and then suspends the processing, which interrupts the calculation of terms of prescription or expiry date until until a firm resolution in the criminal field.
3. The statement of facts that can be proven to the Criminal Court is binding on the person or the competent body to dictate the disciplinary resolution.
4. The cases described in paragraphs 1 and 2 do not prevent the adoption or extension of the appropriate precautionary measures. Are applicable, in any case, the provisions of article 64. "
Article 86. Repeal of the additional provisions first and second, the transitional provisions second in the fourth, and the first and second final provisions 1. Additional provisions derogate the first and second of the law 3/2007, of 22 March, the prison of the body.
2. transitional provisions derogate the second, third and fourth of the law 3/2007, of 22 March, the prison of the body.
3. final provisions derogate the first and second of the law 3/2007, of 22 March, the prison of the body.
Article 87. Modification of the third final provision modifies the third final provision of the law 3/2007, of 22 March, of the Penitentiary Body, which is written as follows: "third final provision modifies the annex 5 of the law on the public function, of 12 December 2000, which is worded as follows:" Annex 5. Special body: annual salary Table Penitentiary Complement to B specific Premium lower limit A + B + URC.esp.


This add-on C upper limit A + B + C functional classification salary Base Level Group site specific Premium premium Hand Maximum minimum maximum Side improvement premium 21,618.61 5,760.04 3,846.57 31,225.22 15,612.61 46,837.83 21,618.61 2,740.14 3,846.57 28,205.32 21,618.61 8,717.80 3,846.57 34,182.98 17,091.49 51,274.47 B1 B2 B3 B


14,102.66 42,307.98 B4 21,618.61 00.00 3,846.57 25,465.18 12,732.59 38,197.77 12,298.00 5,162.95 3,846.57 21,307.52 10,653.76 31,961.28 C C1 Article 88. Addition of an annex added an Annex to the law 3/2007, of 22 March, of the Penitentiary Body, which is worded as follows: "Annex. Professional occupations type, professional classifications and positions of the members of the body Scale professional Occupation professional Classification type Prison workplace Higher classification level functional group Director Director Assistant Director Official Executive B B1 B2 Intermediate first prison prison Official Official prison prison non commissioned officer first non commissioned officer non commissioned officer B3 B4



Basic Agent C C1 prison Agent first transitory provision of The disciplinary proceedings that are being processed to the date of the entry into force of this law shall be regulated in accordance with the provisions of the law 3/2007, of 22 March, of the Penitentiary Body, in force at the date mentioned, unless the provisions of this law are more beneficial to the Member of the expedientat Prison Body.
Second transitional provision 1. The members of the active-duty Prison Body on the date of the entry into force of this law and that it can accommodate, on that date or later, voluntary retirement all accessing the perception of a provision to this concept by the Government, will not be able to do so in the event that: a) are subject to disciplinary proceedings in course of procedure commenced by the very serious lack established in article 55 , letter s), of the law 3/2007, of 22 March, of the Penitentiary Body, as it has been modified by article 71 of this law, provided that the offence has been committed allegedly intentionally and can lead to damage or harm many serious people, goods, institutions or Penitentiary Body, so that it can reasonably be presumed that in the event that is considered accredited the Commission of this lack, is fit to impose the penalties of dismissal and disqualification, temporary or definitive, to provide services in any place of work of the general administration, while not been filed disciplinary record.
In the event that they have imposed the penalties of dismissal and disqualification, temporary or definitive, to provide services in any place of work of the general administration, or the sanction of compulsory relocation in another place of work outside the Penitentiary Body, as a result of the Commission of a serious or very serious disciplinary fault, either may not be eligible for voluntary retirement all accessing the perception of a provision to this concept by the Government given that they will have lost the status of members of the body and will have ceased to belong to it.

b) Are the accused, or processed by the Commission alleged case of a crime which can be derived from very serious damages to people, property, institutions or Penitentiary Body, so that it can lead to the imposition of a penalty or opt for the main supplementary exercise of the Office or the Office of prison officer, unless that has been filed or been dismissed the criminal , or who have been acquitted.
In the event that they have sentenced to a main penalty or disqualification in the complementary exercise of the Office or the Office of the penitentiary agent, as a result of the Commission of a crime, either may not be eligible for voluntary retirement all accessing the perception of a provision for this item at the expense of the Government, since they will have lost the status of members of the body and will have ceased to belong to it.
2. The period of temporary suspension of the functions will not be counted as an active duty time in the Penitentiary Body for the purposes of benefit to the voluntary retirement all accessing the perception of a provision for this item by the Government.
Third transitional provision the members of Prison Body they have accessed and officials or agents of the Administration that belong to the Body, and that have been assigned to the Department of prisons prior to the entry into force of the law, even though they are in training or test on that date, retain the right to receive the remuneration set up the second additional provision of law 3/2007 , March 22, the prison of the body.
Fourth transitional provision the provisions of paragraph 3 of article 35 bis of the law 3/2007, of 22 March, of the Penitentiary Body, as has been added by virtue of article 46 of this law, related to the loss of specific premium, they are without prejudice to the provisions of the fifth transitional provision of the law of the public function, of 15 December 2000 , in regards to the members of the special forces who on the date of the entry into force of the aforementioned Law occupied places of jobs that they had assigned a specific premium fee payment.
Fifth transitional provision The annexes adapted especially for visits by family members or close relatives of the inmates who are unable to obtain exit permits, referred to in paragraph 4 of the first final provision of this law, must be enabled and running within a maximum period of one year from the date of the entry into force of this law.
First final provision 1. Modifies the terms of paragraph 2 of article 13 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 13. Creation and management of prisons [...]
2. The exercise of prison policy and the management of prisons corresponding to the Ministry responsible for justice. "
2. Add a new article 21 bis of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 21 bis. Control of toxic and breath [...]
1. In the time enter the prison and for security reasons, the penitentiary agents subjected the internal controls of toxins or alcohol in the event that presented symptoms of being under the effects of toxic drugs, alcohol or similar substances. The tests must be performed through the use of alcoholímetres or similar methods or equipment and are ideal for this purpose.
In the case of internal they are subjected to a regime of detention which confers the possibility to get out of the prison, the tests will be carried out, in accordance with the requirements set out in the previous paragraph, whenever the internal return to Prison.
2. the inmates who refuse to submit to the controls of toxins or alcohol may be pursued for the crime of refusal to submit to these tests established by the criminal code. "
3. Modifies paragraph 3 of article 34 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: Article 34. Good conduct [...]
3. The director of the Penitentiary Body may propose the adoption of measures relating to the conduct or its withdrawal, in accordance with the provisions of the criminal procedural legislation. "
4. Add an article 38 bis to law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 38 bis. Views 1. The prisons must have annexed premises suitable especially for visits by family members or close relatives of the inmates who are unable to obtain exit permits.
2. These visits are made with respect to the privacy of the inmates, without any other limitation, with regard to the way in which they develop, that the need to adopt for safety reasons, the internal and good order of the penitentiary. The requirements and the frequency of these visits are set for the regulatory pathway. "
5. Modifies paragraph 3 of article 40 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 40. Performance and restricting communications [...]
3. The director of the Penitentiary Body may request arbitrator a judicial authorization of intervention or restriction of communications when there is reasonable evidence that the lines may be preparing a criminal action or that may compromise the security and coexistence within the Prison. "
6. modify the paragraph 3 of article 45 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 45. Internal transfer of [...]
3. Transfers of inmates must be done in a way that guarantees the dignity, security and other rights. The accompaniment, the handling and custody of inmates during the transfers corresponding to the Penitentiary Body or body of police, in the terms to be determined by the regulations. "
7. Modify the sections 2 and 3 of article 46 of the law 4/2007, of 22 March, prison qualified, which are written as follows: "Article 46. Exit permit [...]
2. The director of the Penitentiary Body must issue a preliminary report on the circumstances in which you have to base the granting of permission for departure.

3. The Penitentiary Body or the police force, as appropriate regulations, they must adopt the necessary measures to ensure the monitoring of inmates while enjoying the exit permit, in accordance with the specified by the Court that has been granted. "
8. Modifies the terms of paragraph 2 of article 47 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 47. Cooperation with the judicial authority [...]
2. The director of the Penitentiary Body involved in the procedures to arrange the semillibertat schemes or probation all expressing its opinion on the adoption of the appropriate measures. "
9. Modify the sections 1, 2, 8 and 9 of article 55 bis of the law 4/2007, of 22 March, prison qualified, which was added by Act 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified, and is worded as follows: "Article 55 bis. Disciplinary procedure 1. The disciplinary procedure against an inmate, the director of the Penitentiary Body starts by opening a disciplinary record, in the wake of a report written by any member of the body that ascertains the eventual Commission of a disciplinary offence, or following a complaint or a complaint filed by another or a third person. The procedure is to apply with respect to the General principles of the system of sanctions.
2. The director of the Penitentiary Body designates an instructor between the members of the body that they belong to the intermediate level. In the event that the instructor will abstain or be recusat, solves the director of Penitentiary Body, in accordance with the provisions of the code of the administration.
[…]
8. Once after the deadline to answer the charges without doing it, or after the deadline to make conclusions, the director of the penitentiary Body dictates within a period of five working days in the corresponding resolution, which must be motivated and cannot include facts other than those which have based the charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it must accurately determine the offences committed, the precepts which are classified and the sanctions imposed.
9. The resolution that dictates the director of the Penitentiary Body will notify the internal sanctioned and communicates to the competent court, the public prosecutor and to the Minister responsible for Justice, and can be challenged in the terms established by the code of the administration. The resolution that solves the "also notify and is connected in accordance with the provisions of this section."
10. Modify sections 1 and 3 of article 56 of the law 4/2007, of 22 March, prison qualified, which was modified in turn by law 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified, and is worded as follows: "Article 56. Provisional measure 1. In the case of very serious infringement, the director of the penitentiary Body may decide, by means of a reasoned decision, the provisional measure of isolation in cell in the internal expedientat, taking into account the severity of acts committed and the circumstances are met, and provided that it is strictly necessary to maintain the order and security of the prison.
[…]
3. The resolution under which decides the provisional measure will notify the internal sanctioned and communicates to the competent court, the public prosecutor and to the Minister responsible for Justice, and can be challenged in the terms established by the code of the administration. "
11. Modifies the paragraph 1 of article 57 bis of the law 4/2007, of 22 March, prison qualified, which was added by Act 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified, and is worded as follows: "Article 57 bis. Suspension of execution of sanctions 1. The director of the Penitentiary Body, ex officio or at the request of the domestic sanctioned, you can decide at any time the total or partial suspension of the enforcement of the penalties imposed, depending on the severity of acts committed and the circumstances that is eligible, as long as the internal do not make a new infringement can be sanctioned during the suspension period as established by the director.
[…]”
12. Modifies the terms of paragraph 2 of article 68 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 68. Suspension of the rights provided for in the law [...]
2. The adoption of the measures of exception lies in the Ministers competent in the field of Justice and Home Affairs, who have to give account to the Government, immediately to the competent court and the public prosecutor. "
13. Modifies the article 69 of the law 4/2007, of 22 March, prison qualified, which is worded as follows: "Article 69. Roles and responsibilities 1. The intervention of the police force implies that the director of the body temporarily assumed the duties of custody and surveillance of inmates of the prison until it restored the order. The director of the Penitentiary Body maintains responsibility for the rest of the functions and tasks that correspond to the institution in accordance with the applicable regulations.
2. The director of the Penitentiary Body and the director of the police force Act in coordination under the top management of the competent Ministers in the area of Justice and Home Affairs. "
14. Modify the sections 1 and 2 of article 70 of the law 4/2007, of 22 March, prison qualified, which are written as follows: "Article 70. Requests and complaints 1. Inmates can make requests and submit complaints in relation to his regime of detention and prison activity.
2. The requests and complaints can be addressed to the director of the Penitentiary Body, or administrative bodies or competent courts. However, it must be presented at the head of the body, which is responsible for your shipment in the event that the petition or complaint speak to any other body. In this case, the internal people have the right to present the petition or complaint in a sealed envelope.
[…]”
Second final provision 1. The Government has approved the regulations necessary for the development of the law 3/2007, of 22 March, of the Penitentiary Body, as it has been amended by this Act, within a maximum period of one year from the date on which it comes into force.

2. In the same period of one year from the date on which this law comes into force, the Government has also approved the code of ethics of Prison Body.
Third final provision 1. In accordance with the provisions of article 19, 87 and 88 of this Act, the penitentiary agents happen to belong to the classification level C1 of the functional group C of the basic scale; prison officials go to prison first to non commissioned officers and to belong to the intermediate scale, the functional group B and at the level of classification B4; the prisons commissioned officers go on to be renamed first penitentiary non commissioned officers and to belong to the classification level B3 of the functional group B at the intermediate level, and prison officials go to belong to the classification level B2 of the functional group B at the intermediate scale, starting from the date of the entry into force of this law.
2. Within a maximum period of one month from the entry into force of this law, the Secretary of State for public service and the director of the penitentiary Body must adopt appropriate provisions for the purpose of modifying, where appropriate, the names and the level of classification of the places of work of the members of the body, in accordance with the provisions of article 19, 87 and 88 of this law , and in the previous section of this final provision.
The fourth final provision article 11, only with regard to paragraph 3 of the new article 7 bis, articles 26 to 36, with regard to the regulation of access to the public function, articles 66 and 67, and the first final provision of this law have the character of law. The rest of the provisions of this law shall have the character of ordinary law.
Fifth final provision is entrusted to the Government that a maximum period of three months from the entry into force of this law published in the official bulletin of the Principality of Andorra the consolidated texts of the law 3/2007, of 22 March, of the Penitentiary Body, and the law 4/2007, of 22 March, prison qualified, including the changes introduced so far in these two laws.
A sixth final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 20 April 2017 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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