Law 40/2014, Of 11 December, Qualified For The Modification Of The Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 40/2014, de l’11 de desembre, 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/027002/Pagines/lo27002004.aspx

lo27002004 law 40/2014, of 11 December, qualified for the modification of the law 9/2005, of 21 February, Andorran criminal code law 40/2014, of 11 December, qualified for the modification of the law 9/2005, of 21 February, qualified of the penal code since the General Council in its session of December 11, 2014 has approved the following : law 40/2014, of 11 December, qualified for the modification of the law 9/2005, of 21 February, Andorran criminal code preamble The law 9/2005, of 21 February, Andorran penal code, entered into force on 23 September 2005. Since then, the current Criminal Code has been the subject of eight successive reforms, which have had as aim, on the one hand, meet the increasingly important international commitments undertaken by the Principality of Andorra, and on the other hand, promote the amendments arising from the evolution of the criminal policy in the face of a changing reality and enter the necessary technical adaptations that practical experience has been handled.
In this respect, by virtue of the law 17/2007, of October 18, and the law 29/2007, of December 20, they modify or add several articles of the criminal policy for the purpose of adapting it to the Criminal Law Convention on corruption, adopted by the Council of Europe on 27 January 1999, signed and ratified by Andorra on November 8, 2001 and on May 6, 2008 , respectively, and which came into force on 1 September.
Subsequently, by law 15/2008, of 3 October, was to carry out a major reform of the content of the criminal code, given that spanned the change or the addition of sixty-four articles. The changes followed the improvement of the system of penalties, as well as the adaptation of the special part of the criminal policy in order to modernise the content from an internal perspective and conform to the recommendations of international organizations of which Andorra is part and to the guidelines of the international agreements that have been ratified then that had to be ratified soon.
On November 18, 2010 was also approved an amendment of paragraph 1 of article 425 of the penal code, by virtue of law 87/2010, with the aim of encouraging the confidentiality of police actions in progress. And by Law 91/2010, of 15 December, were renovated four other articles of the criminal law, for the purpose of reinforcing the prosecution and punishment of the criminal behaviour of violence in the domestic sphere.
With regard to the law 18/2012, October 11, amended in whole or in part twenty-five articles of the criminal code, in order to fulfil the recommendations made by the Group of States against corruption (GRECO) of the Council of Europe, in accordance with the assessment report of third cycle about Andorra, and the recommendations of the Committee of Experts for the evaluation of the measures against money laundering of the Council of Europe (Moneyval) in the area of fight against financing of terrorism According to established the fourth assessment report of Andorra. At the same time, they promote changes to adapt the penal policy to the obligations arising from the Optional Protocol to the Convention on the rights of the child, on the sale of children, child prostitution and the use of children in pornography, adopted in New York on 25 May 2000, signed and ratified by Andorra on 6 September 2000 and 30 April 2001 , respectively, and which entered into force on 18 January 2002; the Convention for the Suppression of unlawful acts against the safety of maritime navigation and its Protocol for the Suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, done at Rome on 10 March 1988, to which Andorra acceded on 17 July 2006 and which entered into force on October 15, following , and the agreement of the Council of Europe on the protection of minors against exploitation and sexual abuse, adopted in Lanzarote on 25 October 2007, signed and ratified by Andorra on June 29th, 2012 and on 30 April 2014, respectively, and which came into force on 1 August following.
Specifically, with regard to the recommendations of GRECO and in relation to crimes of corruption and traffic of influences, they expand the concepts of profit and the recipient, a new treatment of the default behaviours is clarified the concept of wrongful action or omission, all predicting a worsening of the type if any of these circumstances, and also increased the penalties corresponding in accordance with the criteria of congruence and proportionality had to apply.
Recently, el GRECO published its conclusions on the achievement of the recommendations made in the report of monitoring of the October 18, 2013, which made it necessary to modify, once again, the articles 380, 381, 383, 384, 385 and 386 of the penal code. In this way, by virtue of law 19/2014, of September 18, qualified political parties and electoral financing, increased the punitive framework in relation to custodial sentences of articles 380, 381, 383.1 and 385, and introduced the deprivation of the right of passive suffrage as a complementary penalty. At the same time, was left without effect the first additional provision of law 9/2005, which established that the article 387, relative to the crime of illegal financing of political parties, will not be applied until it is promulgués a legal rule that would regulate financing, and adapt the content of the article pointed to the provisions of the new law.
While these modifications allow regulations to comply with most of the recommendations, del GRECO, it has been confirmed the need to have an impact also on the accessory penalties assigned to the offences that carry because of the corruption and traffic of influences, in order to equate them to the penalties contained in the Penal regulations of other European countries. So it is accomplished by this law, that also will destroy the excuse of absolution of repentance that established the article 380 and that becomes from now a circumstance mitigating criminal liability, which may prove to be of special significance.
On the other hand, while the law 18/2012 also included a modification of article 155 of the criminal code, to comply with the provisions of the agreement of Lanzarote mentioned above, this article is modified again by this law, for the purpose of fixing a bug of legislative Systematics.

The adequacy of the criminal policy in the provisions of the agreement of Lanzarote, as well as to the provisions of the agreement of the Council of Europe on the prevention and fight against violence against women and domestic violence, done in Istanbul on 11 May 2011, signed and ratified by Andorra on February 22, 2013 and on 22 April 2014 , respectively, and which came into force on 1 August following, and the agreement of the Council of Europe on the cibercriminalitat, done in Budapest on 23 November 2001, signed by Andorra on April 23, 2013 and is expected to be ratified soon, required the modification of different articles. This adaptation work culminated with the law 18/2013, on 10 October, under the Criminal Code were also incorporated into a part of the European legal provisions listed in the annex of the monetary Agreement signed between the Principality of Andorra and the European Union on June 30, 2011, the ratification of which was approved by the General Council on 24 November 2011.
This last reform of the penal code also allowed them to update their content from the perspective of expediting criminal court proceedings. Thus, by way of example, they eliminate certain typical behaviour that could find a sufficient and adequate response to the civil jurisdiction, he adapted the punitive framework of different criminal contravencions and established a new punitive framework in relation to some complementary penalties. In short, the law 18/2013 had an impact in forty-five articles of the criminal code, as well as in the title of one of the chapters.
By means of this Act continues the task of adaptation rules derived from commitments to Andorra as a result of the signature and the ratification of the monetary Agreement. In this sense, we transpose the framework Decision 2005/212/JHA, of the Council, of 24 February 2005, regarding the comís of the products, instruments and goods related to the crime, which requires the modification of article 70 of the penal code. So, is the figure of the comís expanded, allowing you to affect assets that belong to the condemned person, about whom there is evidence enough that goals come, directly or indirectly, of criminal activities, and establishing its legitimate origin. Establishing, however, a restricted scope, largely confined to a limited number of crimes and first State that evidence must attend. It also provides for a broader regulation of the comís of the goods of third parties, which can affect not only these goods, but also the tools, the product and the benefit of the criminal activity or its eventual transformation, that have been acquired or transferred to a third person, without prejudice to the appropriate protection that protects the third parties are not responsible for that have acquired in good faith. Finally, the comís of the equivalent will extends to the instruments of the crime, the product, the benefit to be derived and its eventual transformation.
Likewise, ends the adaptation of the criminal policy derived from the Istanbul Agreement mentioned above, which results in the modification of article 82 of the criminal code, which provides that the calculation of the term of limitation in the malicious crimes against life, physical and moral integrity, freedom, sexual freedom and family relationships will be counted from the time when the victim complies with eighteen. And it has been considered appropriate to envisage this same scheme for the crimes of misappropriation and unfair administration, given that the least harmed hardly take knowledge of illegal activity until they assume control of their property. In addition, certain provisions are introduced, with the aim that the punitive response to certain criminal behaviour to be more forceful when these ducts are committed by one of the people described in the article 114 of the criminal standard, or when they are on or in front of a minor. This last circumstance, which was only introduced in the modification of the year 2013 to articles 114, 139 bis and 143 bis, and that now extends to articles 107, 116 and 158.1. and, due to a specific provision of the agreement of Istanbul, by virtue of the fact that the active subject be part of the family circle, understood this circle in broad sense , that the taxpayer is a minor or that this child will be in front when the criminal conduct is committed, must be considered a circumstance aggravating criminal responsibility.
In addition to the modifications shown so far and that are linked with the two last reforms of the penal code, this law also aims to accomplish other international recommendations aimed at Andorra in recent times. Thus, in accordance with the observations made on 21 November 2013 by the Committee against torture, which analyses the follow-up that make the United States part of the Convention against torture and other cruel, inhuman or degrading treatment or punishment, done at New York on 10 December 1984, signed and ratified by Andorra on 5 August 2002, and on September 22, 2006 , respectively, and which entered into force on 22 October next, has supplemented the conduct provided for in article 110 of the criminal policy, relative to the crime of torture. Have been included for the purposes of obtaining a confession or information, or to bully or push the victim or a third person, to punish the victim for an act that she or a third person has committed or is suspected to have committed, and for any discriminatory mobile, all for the purpose of reproducing with a greater degree of faithfulness to the wording stipulated in article 1.1 of the Convention. Equally, it has increased the estimated penalty for this crime, and it has been established expressly a clause of the competition, so that's worth it is mentioned without prejudice to the appropriate penalties for infringements of the result. Accordingly, this clause has been introduced, in the same terms, in the crime provided for in article 112, relative to the degrading deals, the penalty of which has been seen otherwise, augmented. At the same time, they have changed the articles 81 and 84 of the penal code, in order that the crime of torture as punishment referred to the same crime does not prescriguin in any case, equate it with the crime of genocide and crimes against humanity.

The need to incriminate the traffic of human beings in a more precise and concrete depending on the different purposes of legal goods and that applicable to protect has been felt especially after the recommendations of the Committee against torture and the report of 18 July 2014 of the Group of Experts on the fight against trafficking in human beings (GRETA) , which follows the implementation that make the United States part of the agreement of the Council of Europe on the fight against the traffic of human beings, opened for signature in Warsaw on 16 May 2005, signed and ratified by Andorra on November 17, 2005 and March 23, 2011, respectively, and which came into effect on 1 July next. This has led to the modification of the title of the article 252 and the creation of new offences of trafficking in human beings with a view to organ removal, human beings traffic with purpose of slavery or servitude and human trafficking for sexual exploitation, by virtue of articles 121 bis, bis 134 and 157 bis, respectively, in which it also has established a competition clause in relation to the appropriate penalties to the deprivation of liberty; a circumstance aggravating criminal responsibility consists in the fact of having put in danger the life of the victim, and the imposition of the penalty in the top half when the victim is particularly vulnerable, in accordance with their physical or mental condition, or by having a disability or be less old.
On the other hand, other articles of the penal code was reformed as a result of the recommendations of the European Commission against racism and intolerance of the Council of Europe (ECRI), expressed in the report on Andorra elaborated within the framework of the fourth cycle of assessment and approved on 21 March 2012. In this respect, it promotes a new wording of the aggravating circumstance established in paragraph 6 of article 30, which includes the definition of discriminatory mobile that is contained in the article 338. And modifies substantially this last article, in a way which happens to contain behaviour so far not penalized, among which there are the public incitement to violence, hatred or discrimination against a person or a group of people or the public expression of a discriminatory ideology, with the understanding that the mention "publicly" covers not only the wide dissemination, but also the expressions versades on the occasion of a meeting even private people , or on Internet forums. It also adds a new article 338 bis to punish, respecting the proportionality, the production or preparatory acts punitive possession of notion of material in order to disseminate it publicly, and through the modification of articles 359 and 360 also includes the concept of discriminatory illegal association and define mobile attributed criminal responsibility to the people who give financial support or any other type. Finally, it introduces the attempt in the crime of condoning the genocide and enlarge the scope, all incorporating new behaviours that consist of preparatory acts of this crime, and the same is done in relation to the crime of denial of genocide, through the modification of articles 457 and 458. The penalty of the apology of the genocide in the form desired by the recommendation issued by the ECRI also motivates the creation of two new types of apology and denial of crimes against humanity and crimes of war or aggression, which have a similar structure, according to articles 465 465 475 475 bis, bis and ter ter.
The remaining modifications comply to technical criteria, mainly punitive Systematics. It should be noted, on the one hand, the increase in penalties that has operated the crime of financing of terrorism, established in article 366 bis, to adapt them to the penalties that are applied to the other European States, in line with the recommendations that have made the evaluators of the Financial Action Task Force (FATF) and the Moneyval. And, at the same time, the new treatment is anticipated in relation to the penalties of disqualification in the articles 55 and 65, so that those that are imposed for a period of up to three years should be automatically replaced by the penalty of suspension, while this replacement is a choice of the Court when the penalty of disqualification imposed is for a period of between three and five years. Are refurbished on time articles 35, 115, 117.3, 134 and the effect of 476.1 equip the criminal policy of a greater global coherence or any interpretation doubts melted away.
Ultimately, it was modified, the first paragraph of article 38 to specify that the temporary limitation noted in relation to the major and minor crimes refers exclusively to the worth of work for the benefit of the community. And, likewise, to remove the penalty of deprivation of the right of passive suffrage as a complementary penalty must be imposed in the case of felony, since it is in line with the penalty of disqualification for the exercise of public office, in accordance with article 45 of the penal code, and, therefore, is already regulated in paragraph 2 of article 38.
This law ends with four final provisions. The first final provision modifies time articles 129 and 174 of the qualified law on modification of the code of criminal procedure, of 10 December 1998, as a result of the introduction of the new contemporary figures of comís in the article 70 of the penal code. The second final provision modifies, in turn, article 25.3 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, in order to adapt the content to the first final provision of the law 17/2014, July 24, qualified for the modification of the law for the modification of the code of criminal procedure , from December 10, 1998. And the last two final provisions the Government entrusted the publication of consolidated texts and determine the date of entry into force of this law.
Article 1 amendment to paragraph 6 of article 30 modifies paragraph 6 of article 30 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "aggravating Circumstances section 30 [...]

6. Commit the fact for a mobile discriminatory. Is taken into consideration with respect to the notion of mobile, a physical person, birth, origin or their national or ethnic belonging, colour, sex, religion, philosophical, political or trade union opinion or any other personal or social condition, as their physical or mental disability, your way of life, their customs, their language , your age, or your identity or sexual orientation.
[…]”
Article 2 amendment to article 35 article 35 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 35 major Penalties for major crimes the penalties that may be imposed for the crime are: 1. Imprisonment up to twenty-five years, with the exception of the that have the rules regarding the accumulation of penalties and the penalties provided for the crime of genocide and crimes against humanity.
2. Fine of up to 300,000 euros or up to quadruple of the damage caused or the benefit obtained or that respectively intended to result or get with the Commission of the crime, if it was higher, except in cases in which they expressly foresee a higher amount.
3. Disable up to twenty years, except that they have the rules regarding the accumulation of penalties, for the exercise of public rights, of public, of family, of the trade or the post.
4. Deprivation of driver's license temporarily or permanently.
5. Deprivation of the temporary or definitive weapon permit.
6. Prohibition of up to twenty years of contracting with the Government.
7. Those derived from the application of the rules of replacing penalties provided for in article 65. "
Article 3 amendment of paragraph 1 of article 38 modifies the paragraph 1 of article 38 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 38 additional Penalties for crimes 1. In the main crimes the Court can impose the additional penalty of temporary or definitive expulsion of the condemned person of foreign nationality.
In the major and minor offences the Court may impose one or several of the following complementary penalties: a) a temporary or definitive Confiscation of the weapon permit.
b) temporary or definitive Deprivation of the hunting license.
c temporary or permanent Deprivation) of the fishing license.
d) Works for the benefit of the community, up to a maximum of two years if it is a felony and one year in the case of a misdemeanor.
[…]”
Article 4 Modification of article 55 modifies the article 55 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 55 automatic replacement of sentences 1. When in application of the rules on penalty reduction, the Court must impose a prison sentence of less than three months, has been replaced by a penalty of arrest in accordance with the established in articles 65 and 66.
2. When, in application of the rules on penalty reduction, the Court must impose a penalty of disqualification of less than three years, has been replaced by the penalty of suspension proceedings and for the same duration as the penalty of disqualification imposed. "
Article 5 Addition of paragraphs 6 and 7 of article 65 are added two new sections 6 and 7 of article 65 of the law 9/2005, of 21 February, qualified of the penal code, which are produced in the following terms: "Article 65 substitution of penalties [...]
6. In the case of imposing a penalty of disqualification of a duration of less than three years, the Court has to replace it automatically in the same sentence to the corresponding suspension penalty and for the same duration as the penalty of disqualification imposed.
7. The tribunal, at the time of issue judgment or subsequently, at the request of part and by means of a reasoned aute, can replace the penalty imposed to disable up to five years for the penalty of suspension proceedings and for the same duration as the penalty of disqualification imposed. "
Article 6 Amendment of article 70 article 70 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "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 its eventual subsequent transformation.
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 be agreed in the case of convictions handed down by the Commission of one or more of the following crimes: a) the crimes of terrorism as typified in articles 362 to 367.
b) the crimes of corruption typified in articles 380 to 385 bis.
c) the crimes of money laundering or securities as typified in articles 409 to 413.
the crimes of illegal association) as typified in articles 359 to 361, when related to at least one of the following crimes: the crime of trafficking in human beings with a view to organ removal, typified in article 121 bis; crime of trafficking in human beings with a view to slavery or servitude, typified in article 134 bis; offences relating to prostitution, pornography and sexually provocative behaviour, as typified in articles 150 to 155, 157 and 157 bis; the crime of clandestine immigrant traffic, typified in article 252; offences relating to the illegal traffic of toxic drugs, as typified in articles 282, 283, 285 and 284.3, and crimes of forgery of currency and ringing effects, as typified in article 430, 431.1, 2, 3 and 4, and 432 to 434.

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 its eventual subsequent transformation , 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 its possible subsequent transformation cannot be located, or cannot be repatriated from abroad, the Court can agree on the comís of its equivalent.
The Court may not agree on the comís or arranged partially in the event that the instruments, the product and the benefits derived or its eventual subsequent transformation are confused with property and rights of unlawful origin, or if the profits or the trading instruments are permissible and do not have with the nature or the seriousness of the violation , or when other reasons and the need to do so. "
Article 7 Amendment of article 81 article 81 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 81 the prescription of the crime prescribing criminal action terminated the criminal responsibility for the course of the following periods: a) thirty years for crimes that are assigned a penalty the maximum limit is ten years or more.
b) ten years for other major crimes.
c) four years for minor crimes.
of) six months for crimes of slander, defamation and criminal injury and contravencions.
The criminal action by the prosecution of the crime of torture, the crime of genocide and the crimes against humanity do not prescribe in any case. "
Article 8 Amendment of article 82 article 82 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "82 Article calculating the prescription period of prescription of the offence begins to be calculated from the day on which cease the action or omission punishable.
However, in the crimes of result accomplished the calculation is verified from the moment in which the result has occurred, and the malicious crimes against life, physical and moral integrity, freedom, sexual freedom and family relationships, and the crimes of misappropriation and unfair administration, from the moment in which the victim have eighteen years of age, or from the date of your death if you do not have fact.
In case of continuous infringement, the term will be counted from the day on which the last infraction has taken place. "
Article 9 Amendment 84 article modifies the article 84 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 84 prescribing the punishment and security measure the prescription of penalty and security measure produces the extinction.
The penalties and security measures imposed for a duration equal to or greater than ten years prescribed thirty years; the remaining major crimes imposed by, at the head of fifteen years; the imposed for offences under, after six years, and imposed by criminal contravencions, at the end of two years.
The penalties imposed for the crime of torture, the crime of genocide and the crimes against humanity do not prescribe in any case. "
Article 10 Amendment 107 article modifies the article 107 of Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 107 unauthorised Abortion who produce the abortion of a woman without their consent should be punished with a prison sentence of four to ten years and disqualification for any health profession of up to ten years.
The same penalties are imposed in the event that the woman's consent has been obtained by means of violence, intimidation or abuse of the vulnerability of the victim as a result of their age, disability or similar circumstance.
The penalty has been imposed in the top half when the conduct has been committed by one of the people described in the article 114 or has been performed on a minor or against a minor.
The attempt is punishable. "
Article 11 Amendment of article 110

Modifies the article 110 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 110 Makes Torture torture the authority or official who, abusing his position, either directly or through another person, submit a person to conditions or procedures which will produce severe mental or physical suffering, if any of the at least one of the purposes or of the following : in) to get this person or a third person a confession or information.
b) to intimidate or put pressure on that person or a third person.
c) By punishing that person for an act that she or a third person has committed or is suspected to have committed.
d) for any discriminatory mobile.
The author of torture should be punished with a prison sentence of four to 12 years and disqualification for the exercise of public rights of up to fifteen years, without prejudice, where appropriate, of the penalties which correspond to the offences committed result.
The same penalties are imposed to the authorities or officials of prisons or centres for minors who commit the acts mentioned about a detainee or an inmate.
The attempt, conspiracy and incitement are punishable.
If the means of torture used are particularly serious for the intensity of suffering that cause or if they involve a danger to the life of the offended, the Court may increase the penalties up to half of their upper limit. "
Article 12 Amendment 112 article modifies the article 112 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 112 Dealings degrading the authority or official who, abusing his Office and out of cases constitute torture, submit a person to degrading treatment shall be punished with imprisonment of three months to three years and disqualification from holding public office for up to five years, without prejudice, where appropriate, of the penalties which correspond to the offences committed result. "
Article 13 Amendment of the article 115 article 115 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 115 Type compounded The abuse and injuries should be punished with a prison sentence of one to four years if you attend at least one of the following circumstances : 1. If there were trained or cruelty.
2. If in the aggression they have used weapons, objects or with the danger of death or serious injury to the victim.
3. If the victim is especially vulnerable, taking into account the age, disability or any similar condition.
4. If it has been searched or taken advantage of the concurrence of other people who facilitate the execution or increase the harm on the victim.
The attempt, conspiracy and incitement are punishable. "
Article 14 Amendment of article 116 article 116 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 116 qualified Injury 1. The one who cause a person serious mental or somatic illness and enduring, a serious deformity, impotence, sterility or the loss or the uselessness of an organ, of a member or of a sense, should be punished with a prison sentence of three to ten years.
The attempt, conspiracy and incitement are punishable.
2. a person who causes a female genital mutilation or forcible sterilization must be punished with the same penalty. The penalty has been imposed in the top half when the conduct has committed one of the people described in the article 114 or has been performed on a minor or against a minor.
The attempt, conspiracy and incitement are punishable. "
Article 15 amendment of paragraph 3 of article 117 modifies paragraph 3 of article 117 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 117 Injuries to recklessness [...]
3. When the injuries have been committed by professional recklessness, will impose the penalty of disqualification for the exercise of the trade or by up to five years in the case of the first section and up to three years in the case of the second section of this article.
[…]”
Article 16 addition of an article 121 bis is inserted a new article 121 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 121 bis Traffic of human beings with a view to organ removal 1. The who, with up of organ removal, recruit, transport, move, hosting or hosting one or more people, should be punished with a prison sentence of two to six years, without prejudice, where appropriate, of the penalties that correspond to the other infractions, when they use at least one of the following: a) that can turn to violence or other forms of intimidation or coercion , or under the threat of doing so.
b) that there is fraud, deceit, abuse of authority or of a position of vulnerability.
c) who wish to or accept payment or benefits to obtain the consent of a person exercising authority, in fact or in law, about another person.
The attempt is punishable.
2. When you do not use any of the means mentioned in the preceding paragraph, has the consideration of traffic of human beings with a view to organ removal, the Commission of the action it describes, if it is performed on a minor, without prejudice, where appropriate, of the penalties that correspond to the other offences committed.
The attempt is punishable.
3. In the cases set out in paragraph 2, and in paragraph (1) if the victim is particularly vulnerable, in accordance with their physical or mental condition or a disability, the penalty has been imposed on the top half.
4. In all cases, it constitutes a circumstance aggravating criminal responsibility the fact of having put in danger the life of the victim. "
Article 17 Amendment 134 article modifies the article 134 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 134 Slavery and servitude 1. Who submit a person to slavery or servitude shall be punished with a prison sentence of four to twelve years.
The penalty has been imposed in the top half when the victim is a minor.
The attempt is punishable.

2. It is understood by "slavery or servitude" the situation of the person on which another exercise, even in fact, all or some of the attributes of the right to property, such as buy, sell, lend or give it. "
Article 18 adding an article 134 bis is inserted a new article 134 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 134 bis Traffic of human beings with purpose of slavery or servitude 1. The who, with up to slavery or servitude, recruit, transport, move, hosting or hosting one or more people, should be punished with a prison sentence of two to six years, without prejudice, where appropriate, of the penalties that correspond to the other infractions, when they use at least one of the following: a) that can turn to violence or other forms of intimidation or coercion , or under the threat of doing so.
b) that there is fraud, deceit, abuse of authority or of a position of vulnerability.
c) who wish to or accept payment or benefits to obtain the consent of a person exercising authority, in fact or in law, on the other.
The attempt is punishable.
2. When you do not use any of the means mentioned in the preceding paragraph, has the consideration of traffic of human beings with a view to slavery or servitude, the Commission of the action it describes, if it is performed on a minor, without prejudice, where appropriate, of the penalties that correspond to the other offences committed.
The attempt is punishable.
3. In the cases set out in paragraph 2, and in paragraph (1) if the victim is particularly vulnerable, in accordance with their physical or mental condition or a disability, the penalty has been imposed on the top half.
4. In all cases, it constitutes a circumstance aggravating criminal responsibility the fact of having put in danger the life of the victim. "
Article 19 amendment of paragraph 2 of article 155 modifies the terms of paragraph 2 of article 155 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 155 Use of minors and incapable for pornography [...]
2. The person who recruits, uses a minor or unable to pornographic purposes or Exhibitionists or encourage the participation, and who produce, purchase, sell, import, export, distribute, disseminate, give or exhibit by any means pornographic material in which appear images of minors engaged in explicit sexual activity, or with appearance of reality, or any representation of the sexual parts of a child for primarily sexual , should be punished with a prison sentence of one to four years.
The attempt is punishable. The proposition by means of information and communication technologies of an encounter with a child under fourteen years, with the aim of committing the infringement described in the previous paragraph, it is considered attempt if the proposition has been followed by material acts leading to such meeting.
[…]”
Article 20 adding a article 157 bis is inserted a new article 157 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 157 bis Traffic of human beings with a view to sexual exploitation 1. The who, for the purpose of prostitution of others or other offences against sexual freedom, recruit, transport, move, hosting or hosting one or more people, should be punished with a prison sentence of two to six years, without prejudice, where appropriate, of the penalties that correspond to the other infractions, when they use at least one of the following : in) that can turn to violence or other forms of intimidation or coercion, or the threat of it.
b) that there is fraud, deceit, abuse of authority or of a position of vulnerability.
c) who wish to or accept payment or benefits to obtain the consent of a person exercising authority, in fact or in law, on the other.
The attempt is punishable.
2. When you do not use any of the means mentioned in the preceding paragraph, has the consideration of traffic in human beings for sexual exploitation the Committee of the action which it describes, if you perform on a minor, without prejudice, where appropriate, of the penalties that correspond to the other offences committed.
The attempt is punishable.
3. In the cases set out in paragraph 2, and in paragraph (1) if the victim is particularly vulnerable, in accordance with their physical or mental condition or a disability, the penalty has been imposed on the top half.
4. In all cases, it constitutes a circumstance aggravating criminal responsibility the fact of having put in danger the life of the victim. "
Article 21 addition of one letter i) in section 1 of article 158 is added a letter i) in section 1 of article 158 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 158 special circumstances mitigating responsibility 1. Without prejudice to the provisions of the second paragraph of article 56, special aggravating circumstances are in relation to the behaviors described in this title: [...]
and the fact That kite) in front of a minor.
[…]”
Article 22 amendment of the wording of article 252 modifies the wording of article 252 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 252 clandestine immigrant traffic" Article 23 Amendment 338 article modifies the article 338 of the Act 9/2005, of 21 February, Andorran criminal code , which is worded in the following terms: "Article 338 Discrimination 1. Should be punished with imprisonment of three months to three years who, by reason of a mobile discriminatory: to) publicly Incites to violence, hatred or discrimination against a person or a group of people.
b) publicly defames or threatens Injuriï, smeared a person or a group of people.
c) Expressed publicly, by any means, an ideology or doctrine that asserts the superiority of one group of people, or that denigrates or belittles.
d) Disseminate or publicly distribute any material that contains images or phrases included in the previous behaviour.
The attempt is punishable.

2. The authority or the officer who in the exercise of their functions commit any of the acts described in the previous section must be punished with the same penalty of imprisonment which are established and disqualification for the exercise of public office for up to four years.
3. Should be punished with penalty penalty of arrest and disqualification for the exercise of the trade or the position of up to three years who, by reason of a discriminatory mobile: a) Rejects the sale or the lease of a good or a service or subordinates the granting to special conditions. Discrimination can be made with respect to a legal person when the Photoshop mobile refers to one of their leaders or to one of its members.
b) refuses to hire relationship with someone, comes to a layoff or a disciplinary sanction or introduces differences in wages, working conditions or the development of professional careers.
Despite what is said in letters a and b)) above, does not constitute discrimination taking into account the State of health in the area of life insurance, of risks affecting the physical integrity of persons or working incapacity or disability, or in labour when it confirms the physical inidoneïtat medically for the job.
4. The authority or the officer who in the exercise of its functions and discriminatory mobile refuses to the provision of a public service or the granting of a right or advantage agreed by the law or hampers the granting or causes the revocation should be punished with a prison sentence of up to one year and disable for the exercise of public office for up to three years. "
Article 24 adding an article 338 bis is inserted a new article 338 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 338 bis preparatory Acts punishable who, with discriminatory mobile, produce or have any material that contains images or expressions included in letters a), b) and c) of section 1 of article 338 , should be punished with a prison sentence of up to one year, provided that this material is intended for public dissemination. "
Article 25 Amendment 359 article modifies the article 359 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 359 concept of unlawful association illegal association Is the Group of people organized in which any of the one of the following requirements: a) that you have to commit some crime or promote the Commission.
b) Who, despite having as object a legitimate end, scroll down to get to violent means of malicious character.
c) acting by a mobile discriminatory.
Armed groups or terrorists are applicable provisions in chapter next. "
Article 26 Amendment of article 360 modifies the article 360 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 360 Just for members of unlawful associations To promoters, managers or persons who exercise a power in fact in an illicit association has to be imposed a prison sentence of one to four years. Those who are members and there are play an important activity and those that provide financial support or any other type should be imposed a prison sentence of three months to three years.
The Court may reduce the penalty in accordance with the provisions of article 53 in the event that the culprit has strived to reduce the negative effects of the performance of the Association or to collaborate in the discovery and the avoidance of some of the plans of the organization. "
Article 27 Amendment of paragraphs 1 and 4 of article 366 bis modify sections 1 and 4 of article 366 bis of law 9/2005, of 21 February, qualified of the penal code, which are produced in the following terms: "Article 366 bis financing of terrorism 1. The person who performs acts of financing of terrorism shall be punishable with a prison sentence of two to eight years.
Attempt and conspiracy are punishable.
[…]
4. You must impose prison sentence of three to ten years when you give any of the following circumstances: a) When funding will make by an organized group.
b) When the subject act with habitualitat.
Attempt and conspiracy are punishable. "
Article 28 Amendment 380 article modifies the article 380 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 380 Corruption 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by a person interposed, undue benefits or accept an offer or a promise in order to perform or omit an act of his own position, should be punished with imprisonment of three months to three years and disqualification for the exercise of public office for up to six years.
2. The particular offering, give or promise to the authority or official, for your benefit or that of a third party, improper advantages in order to make one of the acts described in the preceding paragraph should be punished with a prison sentence of up to two years.
3. Constitutes a circumstance mitigating criminal liability, which may prove to be of special significance, the fact that the particular report to the authority the Act of corruption before the start of an investigation. "
Article 29 Amendment 381 article modifies the article 381 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "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, undue benefits 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 unfair to delay proceedings or to adopt an act of political nature, should be punished with a prison sentence of one to four years and disqualification for the exercise of public office to six years.
2. The particular offering, give or promise to the authority or official, for your benefit or that of a third party, improper advantages so that one of the acts described in the preceding paragraph should be punished with imprisonment of three months to three years and a ban on contract with the Government for a maximum period of six years. "
Article 30 Amendment of article 383

Modifies the article 383 of the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "judicial Corruption 383 Article 1. The mayor or magistrate who, with out own or a third party, ask for, or receive, personally or by a person interposed, undue benefits or accept an offer or a promise to perform or omit an act of his position should be punished with a prison sentence of one to four years and disqualification for the exercise of public office for up to six years.
2. The particular offering, give or promise to the mayor or magistrate, for your benefit or that of a third party, improper advantages so that one of the acts described in the preceding paragraph should be punished with imprisonment of three months to three years and a ban on contract with the Government for a maximum period of six years. "
Article 31 Amendment 384 article modifies the 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 unfair 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.
2. The particular offering, give or promise to the mayor or magistrate, for your benefit or that of a third party, improper advantages so that one of the acts described in the preceding paragraph should be punished with a prison sentence of one to four years. "
Article 32 Amendment 385 article modifies the article 385 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 385 privileged Types When the bribery occurs because criminal for the processing, on the part of their spouse or a person who is related to a situation of fact equivalent , or any ascendant, descendant or brother, by nature or by adoption, has been imposed in subornador the penalty of imprisonment of up to one year, in the case of article 383, and imprisonment of up to two years, in the case of article 384. "
Article 33 Amendment of paragraphs 2 and 3 of article 386 modify the sections 2 and 3 of article 386 of the law 9/2005, of 21 February, qualified of the penal code, which are produced in the following terms: "Article 386 Traffic of influences [...]
2. The authority or the officer influenced should be punished by the same penalties and disqualification for the exercise of public office for up to three years.
3. When the author is an authority or an officer and the influence caused by the prevalence of the powers inherent in the Office or any personal or parental relationship, you have to impose imprisonment of three months to three years and disqualification for the exercise of public office for up to six years. "
Article 34 Amendment 457 article modifies the article 457 of law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "the genocide pologia 457 Article 1. The who, by any means, be expressed publicly in favor of an ideology or doctrine to justify or approve the recourse to genocide or in favour of schemes, parties or organizations that have practiced or have supported, should be punished with imprisonment of three months to three years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images and expressions included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above shall be punished with imprisonment of up to one year, provided that this material is intended for public dissemination. "
Article 35 Amendment 458 article modifies the article 458 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "the genocide Denial Article 458 1. The who, by any means, be expressed publicly denying the existence of facts described as a genocide in this chapter and declared for a jurisdiction, or they refer for trivial, should be punished with a prison sentence of up to two years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images and expressions included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above should be punished with penalty of arrest, provided that this material is intended for public dissemination. "
Article 36 adding a article 465 bis is inserted a new article 465 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 465 bis Apology of crimes against humanity 1. The who, by any means, be expressed publicly in favor of an ideology or doctrine to justify or condone crimes against humanity or in favour of schemes, parties or organizations that have practiced or have supported, should be punished with imprisonment of three months to three years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images or phrases included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above shall be punished with imprisonment of up to one year, provided that this material is intended for public dissemination. "
Article 37 Addiction an article 465 ter is inserted a new article 465 ter to the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 465 ter denial of crimes against humanity 1. The who, by any means, be expressed publicly denying the existence of crimes against humanity and declared for a jurisdiction, or they refer for trivial, should be punished with a prison sentence of up to two years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images and expressions included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above should be punished with penalty of arrest, provided that this material is intended for public dissemination. "
Article 38 addition of an article 475 bis

It introduces a new article 475 bis to law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 475 bis Apology of war crimes, and aggression 1. The who, by any means, be expressed publicly in favor of an ideology or doctrine to justify or condone aggression or war crimes or in favour of schemes, parties or organizations that have practiced or have supported, should be punished with imprisonment of three months to three years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images and expressions included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above shall be punished with imprisonment of up to one year, provided that this material is intended for public dissemination. "
Article 39 adding an article 475 ter is inserted a new article 475 ter to the law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 475 ter denial of crimes of war and aggression 1. The who, by any means, be expressed publicly denying the existence of war crimes or aggression declared tried to a jurisdiction, or they refer for trivial, should be punished with a prison sentence of up to two years.
The attempt is punishable.
2. The who disseminate or publicly distributed material that contains images and expressions included in the previous section must be punished with the same penalty.
The attempt is punishable.
3. The who produce or store material as referred to above should be punished with a prison sentence of arrest, provided that this material is intended for public dissemination. "
Article 40 Amendment of section 1 of article 476 modifies section 1 of article 476 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 476 abuse and fraudulent behaviour injury 1. Who maltracti bodily so slight or physically agredeixi a person must be punished with penalty of arrest or fine of up to 6,000 euros. If the abuse is a corporal punishment, it has to impose the penalty of arrest.
[…]”
First final provision 1. Modifies the article 129 of the law for the modification of the criminal procedure code, of December 10, 1998, which is worded in the following terms: "Article 129 The ultimate dismissal is irrevocable and firmly closed the trial.
The temporary dismissal leaves open the summary to the emergence of new data or vouchers, except in the case of prescription.
In the event of temporary or permanent dismissal, provided that in such cases is checked the self-determination, must be subject to the instruments used comís or, in the case of punishable attempt, they were going to use to commit the violation, the product and the benefits that have been derived and its possible subsequent transformation, in accordance with the provisions of sections 1 , 3 and 4 of article 70 of the penal code. For this purpose, the procedure should continue with the accused or his legal representative, the processing or the representation of heirs, who are considered responsible for direct civil with regard to the goods object of the comís, unless you give up on the property, you have to celebrate the sight of the cause and should dictate judgment declaring the existence or not of the crime and agreeing or not the comís.
Against this ruling can appeal of appeal in accordance with the provisions of article 195. "
2. Modifies the article 174 of the law for the modification of the code of criminal procedure, of 10 December 1998, which is worded in the following terms: "Article 174 In all aunt or the sentences be solved on the payment of procedural costs and about the fate of the objects seized in accordance with article 70 of the penal code.
In the case of sentence of absolution for extinction of criminal action or by exclusion of criminal liability, provided that in such cases is checked the self-determination, must be subject to the instruments used comís or, in the case of punishable attempt, they were going to use to commit the violation, the product and the benefits that have been derived and its possible subsequent transformation in accordance with the provisions of paragraphs 1, 3 and 4 of article 70 of the penal code.
Against this ruling can appeal of appeal in accordance with the provisions of article 195. "
Second final provision modifies the paragraph 3 of article 25 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, which is worded in the following terms: "Article 25 [...]
3. Between the acts of investigation that must be practice there is the questioning of a minor, which takes place in the presence of the lawyer and legal representative whenever possible, and the preparation of an expert report by the technical services of the Ministry in charge of Justice, competent on the situation of the minor, his or her social environment and other circumstances that may have influenced the self-determination that he charged. "
Third 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 on the consolidated text of the law 9/2005, of 21 February, qualified of the penal code; the consolidated text of the law for the modification of the code of criminal procedure, on 10 February 1998, and the consolidated text of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, including the changes introduced so far in these three laws.
The fourth 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, 11 December 2014 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