Law 10/2015, Of 16 July, Amending The Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 10/2015, del 16 de juliol, 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/027057/Pagines/CGL20150730_14_25_51.aspx

CGL20150730_14_25_51 law 10/2015, of 16 July, amending the law 9/2005, of 21 February, Andorran criminal code law 10/2015, of 16 July, amending the law 9/2005, of 21 February, qualified of the penal code since the General Council in its session of July 16th, 2015 has approved the following : law 10/2015, of 16 July, amending the law 9/2005, of 21 February, Andorran criminal code preamble over the last few years, the legislation of the Principality of Andorra has been adapted to international standards in the field of prevention and fight against the laundering of money or securities and the financing of terrorism. This task has been carried out by the consideration of the recommendations of the Financial Action Task Force (FATF), the specific recommendations of Moneyval and the transposition of the Community legislation required by commitments under the monetary agreement signed with the European Union.
Through this law is precisely the concept of money, goods or values as equivalent to the funds, taking advantage of the latter is already defined in article 366 bis of the penal code, and enlarge the scope watching the fulfillment of the most recent recommendations of the Financial Action Task Force (FATF) and reiterating the commitment of the Principality of Andorra with the fight against criminal activities.
In particular, it specifies a matter absolutely peaceful, how is it that the object of the crime of money laundering covers both the direct and the indirect criminal origin which, though interpreted in these terms with the legislation in force, has wanted to specify expressly to implement the recommendations of the FATF.
Otherwise, and more specifically, by means of this amendment expands the classification of the money laundering in connection with the conduct of the acquisition, possession, use, concealment and cover-up, that are added to the behaviors of conversion and transmission. Therefore, they will be punished for money laundering all the behaviors mentioned regardless of whether the person responsible for these behaviours has participated in the Commission of the underlying offence or not.
It also expands the spectrum of major crimes or underlying money laundering, including smuggling and other illegal traffic behaviour, fraud, misappropriation and unfair administration, already included in its aggravated form that expand now also in the basic modes.
Article 1. Modification of article 409 of the penal code modifies the article 409 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "1. who convert or transmit funds coming, directly or indirectly, of any criminal activity that has brought a prison sentence the minimum limit that is greater than six months , or of any crime related to prostitution, of articles 150 to 154 bis of the penal code;
-in the traffic of organs, tissues, cells or human gametes, of article 121 of the criminal code;
-at the traffic of human beings and children, articles 121 bis, bis, 134 157 bis and 164 of the penal code;
-in the fraud, misappropriation and unfair administration, articles 208 to 215 of the penal code;
-intellectual and industrial property, of articles 229 to 231 of the penal code;
-the use of insider information, article 247 bis of the penal code;
-the smuggling, article 245 of the penal code;
-in the manipulation of the market, of the article 247 ter of the penal code;
-illegal immigrant traffic, article 252 of the criminal code;
-at the traffic of weapons and explosive devices, articles 264 to 267 of the penal code;
-at the traffic of harmful substances, article 273 of the criminal code;
-illegal trafficking of toxic drugs, of articles 281 to 285 of the penal code;
-the environment and natural resources, from articles 289 to 293 of the criminal code;
-protected flora and traffic in endangered species or protected, articles 294 and 296 of the penal code;
-unlawful associations, the articles 359 and 360 of the criminal code;
-in the concussion and the illegal charges, articles 378 and 379 of the penal code;
-to the corruption and traffic of influences, of articles 380 to 386 bis of the penal code; or-the falsity of document, articles 435 to 441 of the penal code;
knowing the provenance, with the purpose to conceal or disguise the illicit origin or to help anyone who has participated in the Commission of the offence to evade the legal consequences of their actions, should be punished with a prison sentence of one to five years and a fine of up to three times the value.
2. who by grave recklessness perform the behaviors described in the previous paragraph shall be punished with a penalty of up to a year in prison.
3. With the same penalties provided for in paragraph 1 must be punished who intentionally: a) to acquire, own or use funds knowing, at the time of receiving them, which are product, direct or indirect, of any of the crimes set forth in paragraph 1 above.
b) obscure or encobreixi the true nature, origin, location, movement or ownership of funds, or the legitimate rights on these funds, knowing which are the product, direct or indirect, of any of the crimes set forth in paragraph 1 above.
4. The concept of funds is understood according to the provisions in paragraph 3 of article 366 bis of this code.
5. Attempt, conspiracy and incitement are punishable. ".
Article 2. Amendment of section 1 of article 411 of the penal code modifies the paragraph 1 of the article 411 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "1. the comís of the product of the offence. The object of money laundering, accomplished or attempted, they are considered, for the purposes of the application of the comís and comís for equivalent provided for in article 70, the product of the crime. ".
Final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 16 July 2015 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