Law 17/2016, From 30 November, Qualified For The Modification Of The Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 17/2016, del 30 de novembre, qualificada de modificació de la Llei 9/2005, del 21 de febrer, qualificada del Codi penal

Read the untranslated law here: https://www.bopa.ad/bopa/028077/Pagines/CGL20161219_11_37_40.aspx

CGL20161219_11_37_40 law 17/2016, from 30 November, qualified for the modification of the law 9/2005, of 21 February, qualified of the penal code law 17-2016, from 30 November, qualified for the modification of the law 9/2005, of 21 February, Andorran criminal code law 17/2016, from 30 November, qualified for the modification of the law 9/2005 , February 21, qualified of the penal code since the General Council at its session of November 30, 2016 has approved the following: law 17/2016, from 30 November, qualified for the modification of the law 9/2005, of 21 February, qualified criminal code preamble the new modification of the penal code that is promoted by this law is due mainly to the need to adapt it Once again, the commitments arising from international agreements signed or ratified by Andorra. Specifically, this amendment regulation has a dual purpose. First of all, fulfil the recommendations of the Group of States against corruption (GRECO) of the Council of Europe, and to adapt the penal legislation to international standards in the field of fight against corruption. And secondly, transpose the provisions of the directive 2014/42/EU of the European Parliament and of the Council, of 3 April 2014, and 2014/62/EU of the European Parliament and of the Council, of 15 may 2014, to honor the commitments made under the Monetary Agreement signed with the European Union and subsequently ratified by our country , in the sense of ensuring the protection of the euro and of any currency legally authorised, through effective and appropriate penal measures. On the other hand, it was considered appropriate to amend the article of the penal code relating to the conditional not threats to raise the penalties applicable when these threats are death and are made repeatedly, or are made with a weapon or a means to understand a firmness in the intention, so that in these cases become a felony. And it has also been refurbished very promptly the provision relating to the subsidiary liability of the people who are under his authority, protection or surveillance, one child under the age of 18, to correct a typographical error that it contained.
This law is broken down into ten articles and three final provisions. Article 1 amends paragraph 6 of article 8 of the penal code with the aim of giving the competition the Andorran courts to prosecute the authors of active corruption, when the typical behaviors have no place in the Principality of Andorra, but there are involved an authority or an Andorran civil servant. Article 2 amends article 70 of the criminal policy relating to comís of instruments, effects, and profits, to adapt the current regime in this matter established by 2014/42/EU directive. Article 3 amendment the error which is contained in paragraph 1 of article 98, which regulates the subsidiary liability. Article 4 modifies the article 143 of the criminal policy in the sense of raising the penalty provided for in the case of conditional not threats that have been reviewed from. Articles 5 and 6 modify time articles 381 and 384 of the criminal standard, respectively, by eliminating the terms "unfair" and "acts of political nature", having been deemed inaccurate by GRECO. Article 7 introduces a new paragraph 4 to article 386 of the criminal code, which aims to influence traffic crime typified as defined by the Criminal Law Convention on corruption, done at Strasbourg on 27 January 1999, and the ratification of which was approved by the General Council on 18 October 2007. Article 8 amends paragraph 2 of the article 386 bis, to be able to extend the offence of traffic of influences the batlles and magistrates. Article 9 raises the penalties provided for the offence of putting into circulation of inautèntica currency and for the crime of reception, import, export, transport, transfer or possession of this coin, with the aim of putting it into circulation, such as the directive from above. Finally, article 10 complete the preparatory acts linked with the falsity of punishable currency, adding to the list of items the manufacture, transfer, sale and possession of which is prohibited, the security features such as holograms, watermarks or other components of currency which serve to protect against counterfeiting.
Ultimately, the first final provision amends section 1 of article 116 of the law for the modification of the code of criminal procedure, relating to the seizure and abduction, to adapt this section to the changes promoted in conjunction with article 70 of the penal code. And the final provisions second and third Government entrusted the publication of consolidated texts of law 9/2005, of 21 February, qualified of the penal code and the qualified law on modification of the code of criminal procedure, of 10 December 1998, and determine the date of the entry into force of the present law.
Article 1. Modification of paragraph 6 of article 8 modifies paragraph 6 of article 8 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: ' Article 8. Application of the penal law in space [...]
6. Andorran criminal law) applies to all criminal infringement consummated or attempted outside the territory of the Principality of Andorra when an international agreement does not attribute competence to Andorran jurisdiction.
b) in virtue of the agreements and in relation to the offences mentioned in the letter d) next, the Andorran criminal law also applies to criminal offences intentades or consumades outside the territory of the Principality of Andorra for a foreign person who is a legal resident, or when the victim is a foreign person who is a legal resident, or by a foreign person who is non-resident, or if the offence is involved an officer or an authority andorrans.
c) in the case set forth in the agreements and in relation to the offences mentioned in the letter d) next, the requirements of the letters) and c) of section 4 of this article are not applicable when the person responsible for the infringement is an Andorran national, a foreigner who is legally resident in the Principality of Andorra, a foreigner who is not a resident but who is located in Andorra and cannot be extradited by reason of his nationality , or an alien who is non-resident, or if the offence is involved an official or an authority andorrans.
d) The agreements and the infractions that relate the letters b) and c) are the following:

-The agreement of the Council of Europe on the protection of children against exploitation and sexual abuse, made in Lanzarote on 25 October 2007, related to offences against the sexual freedom of children.
-The agreement of the Council of Europe on the prevention and the fight against violence against women and domestic violence, done in Istanbul on 11 May 2011, related to offences against the integrity, the freedom, the sexual freedom of women and family relations.
-The criminal Convention on corruption, done at Strasbourg on 27 January 1999, related to the offences of corruption and traffic of influences. […]”
Article 2. Modification of article 70 article 70 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 70. Comís of the instruments, effects and gains 1. At the time of dictating sentence was pronounced, and in the absence of this judgment, in the cases set out in the code of criminal procedure, the Court must agree on the comís of the instruments used or, in the case of punishable attempt, they were going to be used to commit the infringement, of the product and the benefits that have been derived and their eventual transformation or conversion later.
2. At the time of issue damning judgment, the Court must agree on the comís of the goods that belong to the condemned person about whom there is evidence enough that goals come, directly or indirectly, of criminal activities and of which no proven legitimate source.
The comís provided in this section will only decide in the event of convictions handed down by the Commission of any crime.
For the purposes of this section, are considered "evidence goals", among others, that the value of the assets of the person condemned to be disproportionate in relation to their income from licit origin; the concealment of the ownership of the goods of the person condemned or any power of disposal over these assets; the use of natural or legal persons or of structures or strategies aimed to hinder the identification or to hide the true ownership of the property or their rights, and the transfer of goods by means of operations that prevent or hinder its location or traceability and do not have a coherent economic justification.
3. At the time of dictating sentence was pronounced, and in the absence of this judgment, in the cases set out in the code of criminal procedure, the Court must agree on the comís of the instruments used or, in the case of punishable attempt, they were going to be used to commit the infringement, of the product and the benefits that have been derived and their eventual transformation or conversion that , directly or indirectly, have been transferred to third parties by the person encausada, processed, or condemned, or that have been acquired by third parties to the person encausada, processed, or condemned, when these third parties have had knowledge or should have had knowledge that the purpose of the transfer or acquisition was to avoid the comís.
Cannot be comís the goods belonging to a third person does not charge that have purchased in good faith. However, it is presumed, except in the contrary, that the third person had knowledge or should have knowledge that the purpose of the transfer or acquisition was to avoid the comís when they have been free of charge or for a price significantly lower than the market price, or when the third person is a person related to the person encausada, processed or condemned , or is a legal entity over which the person encausada, processed, or condemned, individually or together with people who are like minded, exercising effective control.
The third person's property which may be affected by a possible comís must be informed of the substantiation of the prosecution and is entitled to appear with them in order to exercise their right to defence with the same procedural instruments which the person encausada, processed or condemned.
4. In the event that the instruments used or, in the case of punishable attempt, they were going to be used to commit the infringement, of the product and the benefits that have been derived and their eventual transformation or subsequent conversion cannot be located, or cannot be repatriated from abroad, the Court can agree on the comís of its equivalent.
5. In the event that the instruments used or, in the case of punishable attempt, they were going to be used to commit the infringement, of the product and the benefits that have been derived and their eventual transformation or subsequent conversion are confused with property and rights of unlawful origin, the Court must agree on the comís or the comís of its value equivalent to the value of the property and rights of illegal origin.
The Court may not agree on the comís or arrange it partially if the profits or the trading instruments are permissible and do not have with the nature or the seriousness of the violation, or when there are other reasons that call. "
Article 3. Amendment of section 1 of article 98 modifies section 1 of article 98 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 98. Subsidiary liability subsidiary are responsible for: 1. The people who are under their parental authority, guardianship or surveillance, or in fact, a child under 18 years, the damages caused by offences or criminal contravencions committed to this minor, if there has been fault or negligence on its part.
[…]”
Article 4. Amendment 143 article modifies the article 143 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 143. Conditional not threats 1. Who, without requiring any condition, a person threatening to commit against it, against someone from your family or a person with whom you have an intimate relationship, a crime against the life or physical integrity or a felony which may arise a risk against the life of the people, should be punished with a prison sentence of up to two years or for my arrest.
2. If the threat is of death and is made repeatedly, or is made with a weapon or a means to understand a firmness in the intention, it must impose a prison sentence of three months to three years. "
Article 5. Amendment of section 1 of article 381

Modifies the paragraph 1 of the article 381 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 381. Increased type 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by a person interposed, improper advantages, or accept an offer or a promise to carry out or to have carried out, in the exercise of his Office, an action or an omission contrary to its function, or to delay proceedings, should be punished with imprisonment from one to four years and disqualification for the exercise of public office for up to six years. […]”
Article 6. Amendment of section 1 of article 384 modifies section 1 of article 384 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 384. Increased type 1. In the case of section 1 of the previous article, if the Act in Exchange for the advantage is in issue or have issued a resolution contrary to its function or to delay it, it has to impose the prison sentence of two to six years and disqualification for the exercise of public office for up to six years.
[…]”
Article 7. Addition of a new paragraph 4 to article 386 will be added a new paragraph 4 to article 386 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 386. Traffic of influences [...]
4. The person who intends to offer or give, directly or indirectly, any undue advantage by way of remuneration to any who claim or confirm that it is able to exercise an influence on the decision of any authority or officer, whether the undue advantage is for himself or a third party, or ask for, receive or accept the offer or the promise of remuneration fee for this influence , should be punished with imprisonment of up to one year.
For the purposes of this section, is indifferent if the influence is exerted or whether or not the supposed influence produces or not the result sought. "Article 8. Amendment of section 2 of article 386 bis modifies the terms of paragraph 2 of article 386 bis of law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 386 bis. Other subjects of traffic of influences [...]
2. The batlles and magistrates, and the jury, referees, expert witnesses, interpreters or anyone else to participate in the exercise of the public function, both national and foreign.
[…]”
Article 9. Modification of article 431 modifies the article 431 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 431. Creation and implementation of circulation coin inautèntica 1. Should be punished with imprisonment from one to eight years and a fine of up to three times the value of the currency: a currency) who makes inautèntica. For the purpose of this section is considered also the currency inautèntica currency manufactured in facilities or illicit materials, but without the due authorization.
b) Who alters currency has already been issued with an apparent value variant or dispelling signs of unusability.
The attempt is punishable.
2. who, with knowledge of your inautenticitat, put the coin in circulation, it should be punished with imprisonment of one to five years and a fine of up to three times the value of the currency.
The attempt is punishable.
3. you have to be punished with imprisonment of one to five years and a fine of up to three times the value of the currency, who, without having participated in the behaviors described in the sections 1 and 2 of this article, you receive, will try to, import, export, transport, relays or owns the inautenticitat meeting currency, in order to put it or that is put into circulation.
The attempt is punishable.
4. who performs any of the conduct set out in the previous sections should be punished, in the case of paragraph 1, with the penalty of imprisonment from three to twelve years and a fine of up to sextuple the apparent value of the currency, and in the case of paragraphs 2 and 3 with imprisonment of three to eight years and a fine of up to sextuple the apparent value of the coin When any of the following circumstances exists: to) that the author belongs to an organization dedicated to the creation, or the circulation of altered currency.
b) that the author will devote to these activities.
c) That the amount of money inautèntica be enough to destabilize the economic system of the country.
5. who, having received counterfeit currency without having knowledge, put into circulation after knowing the inautenticitat, should be punished with penalty of arrest and fine of up to twice the apparent value of the coin, when any of the following circumstances exists: a) in the case of an amount superior to 600 euros.
b) that will act as a group. "
Article 10. Modification of article 432 modifies the article 432 of the law 9/2005, of 21 February, qualified of the Penal Code, which is worded as follows: "Article 432. Preparatory acts punishable the manufacture, transfer, sale or possession of instruments, materials, substances, machinery, computer programs, equipment or other tools, specifically aimed at the preparation of inautèntica currency or alteration of currency has already been issued, as well as their security features such as holograms, watermarks or other components of currency which serve to protect against counterfeiting, must be punishable with imprisonment up to two years as long as it may arise from a risk for the monetary traffic.
The attempt is punishable. "
First final provision. Amendment of section 1 of article 116 of the law for the modification of the code of criminal procedure modifies the paragraph 1 of article 116 of the law for the modification of the code of criminal procedure, of 10 December 1998, which is worded as follows: "Article 116

1. In addition to ensure the possible civil liability, the Mayor must have by means of a summons motivated the embargo and the kidnapping, during the processing of the previous steps, or summary, of all funds on which there is evidence enough to believe that goals are the instruments used or, in the case of punishable attempt, they were going to be used to commit the infringement , the product obtained or the benefits that have been derived or his eventual transformation or conversion later, for the purpose of ensuring the fulfilment of comís and comís by equivalent provisions to article 70 of the penal code. You can also garnish wages or hijack the goods and rights belonging to a third party not responsible, unless this third are acquired legally in accordance with the provisions of articles 119 and 120.
[…]”
Second final provision. Consolidated texts are entrusted to the Government that a maximum period of six months from the entry into force of this law published in the official bulletin of the Principality of Andorra on the consolidated text of the law 9/2005, of 21 February, Andorran penal code, and the consolidated text of the law for the modification of the code of criminal procedure, of 10 December 1998 , including the changes introduced so far in these laws.
Third final provision. Entry into force this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 30 November 2016 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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra