Law 41/2014, Of 11 December, Qualified For The Modification Of The Law 4/2007, Of 22 March, Prison Qualified

Original Language Title: Llei 41/2014, de l’11 de desembre, qualificada de modificació de la Llei 4/2007, del 22 de març, qualificada penitenciària

Read the untranslated law here: https://www.bopa.ad/bopa/027002/Pagines/lo27002005.aspx

lo27002005 law 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified law 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified since the General Council in its session of December 11, 2014 has approved the following : law 41/2014, of 11 December, qualified for the modification of the law 4/2007, of 22 March, prison qualified preamble The law 4/2007, of 22 March, regulates the Organization of prison qualified the prison system and the conditions of detention of prisoners, and establishes a legal framework aimed to reconcile the regime of deprivation of liberty inherent in the entry in a prison with the fundamental rights recognized in the Constitution.
Title III of this law, related to internal disciplinary, establishes the conditions that make it possible to ensure the order and security inside the Prison, all essential for the purpose of making it possible for a living, and that, sometimes, it can be compromised due to the characteristics inherent in the regime of deprivation of liberty. But at the same time, defines and regulates this disciplinary system taking into consideration the principles and guarantees required, both with regard to the classification of infringements and sanctions, such as with regard to the establishment of the rights the person sanctioned during the disciplinary procedure.
In particular, article 53 of law 4/2007 lists the penalties that will be imposed to the inmates and the criteria which must be used for this purpose, depending on the qualification of the offence and other circumstances that attend. Among these sanctions is the in-cell insulation, which may not exceed thirty days, and the isolation during the weekend, up to a maximum of seven weekends. These sanctions can only be imposed in the case of very serious offences Commission, because they constitute a measure barring the aggravated internal ' freedom, and isolation that they arise may prove to be harmful to them. It is for this reason that article 54 of law 4/2007 conditional on compliance with the sanction of isolation in cell a favourable medical report issued by the health services of the Center, which corrobori the execution of the penalty does not have a negative impact on the health of the domestic sanctioned. On the other hand, the same article 54 provides that compliance with the sanction must be supervised by the health services mentioned above, and if you ressurt that this sanction is not advisable from a medical point of view, it is necessary to replace it with another penalty.
In the wake of the signing and the ratification by Andorra, on 10 September 1996 and January 1997, respectively, of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, done in Strasbourg on 26 November 1987, which came into force on 1 May 1997 , the European Committee for the prevention of torture and inhuman or degrading treatment or Punishment has carried out three regular visits to our country, in tracking which has issued several recommendations on related subjects. The last visit took place from November 28 to December 1, 2011 and the corresponding report was published by the Committee on 15 November 2012.
The report mentioned two recommendations in relation to the sanction of the in-cell insulation. First of all, that the maximum duration of this penalty does not exceed, in any case, the fourteen days when the domestic sanctioned is of legal age, and are three days when it is minor. And secondly, that the medical supervision is necessary to determine whether the domestic sanctioned can assume the fulfillment of this penalty until a doctor outside of the prison health services, in addition to the medical supervision over compliance with the sanction imposed is daily.
It is for this reason that, in virtue of this law, modify articles 53 and 54 of the law 4/2007, in order to meet the recommendations set out above in the exact and concrete terms in which they were made. And on the other hand, as a result of these modifications, it was considered appropriate to delete the range of tax sanctions the isolation during the weekend, which has not been used and the almost never can bring together a excessive harm to the domestic sanctioned, since it is during these days of the week that are carried out many visits. In effect, these visits allow them to maintain a close communication and contact with the people with whom affective ties bind, that contribute to the rehabilitation and re-socialisation of inmates.
On the other hand, article 55 of law 4/2007, in its current drafting, refers to the regulatory and disciplinary procedure regulation pathway provides succinct way the rights of the internal expedientat. It also has an impact on the provisional measure of isolation. In accordance with this provision, the Decree of 14 January 2009, by which approves the regulation of modification of the regulations of the disciplinary system of prisons, October 29, 2008, restart and extends the rights mentioned above, place the disciplinary procedure, and regulates in more detail the provisional measure of isolation, as well as the possibility to suspend the enforcement of the sanctions imposed.
In any case, the reduction of the maximum duration of the sanction of isolation in cell and the removal of the sanction of isolation during the weekend has an impact, directly or mediata, on the content of this Regulation and, in particular, makes it necessary to reduce the duration of the provisional measure of isolation that it contains, and limit it from now on in-cell isolation. For this reason, and also from a perspective of improvement of the technical regulations, and to reinforce the rights and guarantees of the internal expedientat, it was considered appropriate to take this opportunity to update the regulation which is contained in the statutory provision and the law 4/2007, by virtue of the modification of articles 55, 56 and 57, and the addition of two new articles 55 bis and 57 bis.

In this way, article 55 of the rights related to internal expedientat, expanded them, whereas article 55 bis regulates the disciplinary procedure. In this sense, it articulates a procedure based on the principles of speed, of successive audience of the person expedientada, which is embodied in the phases of allegations, and evidentiary conclusions, and separation of the phases, group and impose penalties. It also makes clear the need to notify the internal expedientat the opening of the case, the designation of the instructor, the charges and the resolution that puts an end to the procedure, which must be communicated to the interested governmental and judicial authorities together. And establishes the obligation to motivate this resolution, which, as of now, as occurs with the opening of the file, you can make it so indistinct the director or the Deputy director of the Prison Body. Therefore, removes the provision according to which the competence of the Deputy director in these areas was only partial and should be delegated, for the purpose of facilitating the processing of disciplinary procedure, without, however, the rights of the person are committed expedientada.
As a result, the current article 56 is without content, and the new article 56 is intended to regulate the provisional measure of isolation in cell that, as has been said, replaces the provisional measure of isolation, even though reducing the terms of duration and differentiating them according to whether the internal is of legal age or a minor. Indeed, these terms happen to be three days and twenty-four hours, respectively, and move to the same remission interdiccions and obligations article 54 set in relation to the sanction of isolation in cell. At the same time, relate to the requirements in the field of notification, and resource.
On the other hand, in order to reinforce the legal security and the rights of the internal expedientat, extends the scope of the article 57 to define the concept of recidivism, on the one hand, and to add as a new criterion for the imposition of sanctions, preventive functions and remuneration of rehabilitation that have, on the other hand, all saying that the duration of the sanctions may not exceed the time strictly necessary to achieve the purposes related to these functions.
The new article 57 bis refers to the suspension of the enforcement of the sanctions, and has moved and more detailed regulation in this matter is contained in the corresponding regulation.
Finally, this Act ends with two transitional provisions, a repealing and two final provisions. The transitional provisions are intended to establish the legal regime applicable to the penalties and precautionary measures of isolation in cell, and the sanctions of isolation during the weekend, which have been imposed before the entry into force of the law and that they are in compliance at the time of this entry into force, and to disciplinary procedures initiated before that date. The agreement of repealing the Decree of 14-01-2009, by which approves the regulation of modification of the regulations of the disciplinary system of prisons, October 29, 2008. And, with regard to the final provisions, the Government entrusted the publication of the consolidated text, and determine the date of entry into force of this law.
Article 1 amendment to article 53 article 53 of the law modifies the 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 53 Penalties 1. The Commission of a disciplinary offence may result in the following sanctions: a) in-cell Insulation, which cannot exceed fourteen days if the internal is of legal age and the three days if the internal is minor.
b) limitation of the oral presentations and visits over a period of two months at the most.
c) Deprivation of assistance to recreational and leisure events for a period of one month at the latest.
d) deprivation of making phone calls over a period of one month at the latest.
e) Prohibition to receive packages from the outside for a period of one month at the latest.
f) deprivation of access to a television set for a period of two months at the most.
2. The penalties referred to in the letter) of the previous section can only be imposed in cases of very serious offences. The other sanctions can be imposed in cases of serious offences or minor, in application of the principle of proportionality.
3. Depending on the seriousness of the facts, the circumstances that attended and of the background and the personality of the offender, internal may be imposed jointly and at most two of the penalties provided for in paragraph 1 of this article. "
Article 2 amendment to article 54 article 54 of the law modifies the 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 54 isolation in cell 1. The sanction of isolation in cell cannot be applied to women in pregnancy.
2. The application of the sanction of isolation in cell requires a favourable medical report it must issue a non-physician health services of the prison.
3. In compliance with the sanction of isolation in cell, a doctor outside of the prison health services have to monitor on a daily basis this compliance and may propose, if necessary, the suspension or modification of the penalty imposed when there are health reasons that justify it.
4. In case it is not possible to comply with the sanction of insulation in accordance with the provisions of the second and third paragraphs of this article, this penalty is replaced by another sanction. "
Article 3 amendment to article 55 modifies the article 55 of law 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 55 rights of the domestic expedientat the domestic which is the subject of a disciplinary procedure has the following rights: a) the right to be informed of the facts that you were charged, the infractions that these facts can constitute , of the sanctions that may be imposed, the identity of the person designated as an instructor and of the person competent 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 evidence as it deems 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 himself.
e) the right to be assisted by his lawyer and to communicate with them from the moment in which he shall notify of the disciplinary file, and at any time during the processing of the file.
f) the right to be assisted free of charge by an interpreter when the internal is a foreign national who does not understand or does not speak the national language, or one of the languages of the neighboring States, for the processing of the file.
g) right of verbal translation in one of the languages of the neighbouring States of all notifications that you made during the processing of the file, when the internal might not understand or does not speak the national language.
h) the right to obtain a reasoned resolution.
and any other rights that the Constitution or recognized) the laws. "
Article 4 adding an article 55 bis is added a new article 55 bis to law 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 55 bis Disciplinary Procedure 1. The disciplinary procedure against an internal start the director or the Assistant director of the Penitentiary Body, through the opening of 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 or the Assistant 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 or the Assistant director of the Penitentiary Body, in accordance with the provisions of the code of the administration.
3. The opening of the disciplinary record and the designation of the instructor is notified to the internal expedientat. It also informs you of the rights recognized in article 55.
If the internal expedientat renounces the right to be assisted by his lawyer and to communicate with them, the disciplinary procedure continues.
4. The instructor orders, within a maximum period of ten working days, the practice of the proceedings that it considers necessary for the competition of the facts, to determine its authorship and to establish the responsibilities subject to sanction.
5. Below and in accordance with the proceedings were carried out, the instructor can formulate, within a maximum period of five working days, the corresponding charges, which should include a detailed explanation of the facts imputed to the internal expedientat, with expression of the infringements allegedly committed, and a proposal for sanctions that may be imposed.
The charges will notify the internal expedientat and gives a view of the proceedings were carried out.
6. Once reported the charges, the internal expedientat has a period of ten working days to make allegations and request, if this is the case, the practice of testing understanding necessary for his defence.
7. Answered the charges, the instructor can practice, ex officio or at the request of the internal expedientat, the evidence that it considers necessary and appropriate, within a maximum period of 15 working days. Otherwise, deny for motivated the evidence requested, and this decision can only go along with the resolution that was issued in the disciplinary file.
In the case of practice tests, the instructor gives a view of the result in the internal expedientat, which has a period of ten working days to formulate conclusions.
8. After the deadline to answer the charges without doing it, or after the deadline to make conclusions, the director or the Assistant 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 in what remain classified and the sanctions imposed.
9. The resolution that dictates the director or the Assistant director of the Penitentiary Body will notify the internal sanctioned and communicates to the competent judicial body, the public prosecutor and to the Minister responsible of the interior, and can be challenged in the terms established by the code of the administration.
The resolution that solves the resource will also be notified and communicated in accordance with the provisions of the preceding paragraph. "
Article 5 Amendment 56 article modifies the article 56 of the law 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 56 provisional measure 1. In the case of very serious infringement, the director or the Assistant 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.
2. The provisional measure, which are applicable in any case the provisions of paragraphs 1, 2 and 3 of article 54, may not exceed three days if the internal expedientat is of legal age, and the twenty-four hours if it is minor. The time spent has been take into account for the purposes of computing the period of the possible sanction of isolation in cell that can be imposed in disciplinary proceedings.
3. The resolution under which decides the provisional measure will notify the internal sanctioned and communicates to the competent judicial body, the public prosecutor and to the Minister responsible of the interior, and can be challenged in the terms established by the code of the administration. "
Article 6 Amendment of article 57 article 57 of the law modifies the 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 57 criteria for the imposition and graduation of sanctions for the imposition and graduation of sanctions set out in this law should take into consideration the circumstances in each case are met , the personality and background of internal conduct sanctioned, reiteration or recidivism, and the harm caused.

Recidivism is understood to be the Commission of a mild, serious or very serious in the respective period of three, six and twelve months prior to the Commission of the need that is subject to sanction.
We also have to take into account the remuneration functions, preventive and reintegration of sanctions in order to determine what are the most appropriate penalties in the case. The duration of the sanctions imposed may not exceed the time strictly necessary to achieve the purposes related to the functions of special remuneration, preventive and reintegration. "
Article 7 adding an article 57 bis adds a new article 57 bis law 4/2007, of 22 March, prison qualified, which is worded in the following terms: "Article 57 bis suspension of execution of sanctions 1. The director or the Assistant 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 or the Assistant director.
2. The period of suspension may not exceed six months in the case of serious infringements and very serious, and the three months in the case of minor offences.
3. The imposition of a penalty for the Commission of a new offence during the period of suspension set up can lead to the revocation of the suspension, although the penalty was enforced after a period of suspension. In this case, the domestic sanctioned must comply with the sanction the execution of which has been suspended, in case of total or suspension for the time remaining to comply in the event of partial suspension.
4. Upon expiry of the deadline for suspension set up without the internal make a new violation, the sanction the execution of which has been suspended is considered executed. "
First transitional provision 1. The sanctions and the precautionary measures of isolation in cell imposed prior to the date of the entry into force of this law and the fulfilment of which is being carried out on that date, will have to adapt to the provisions of articles 1 and 5 of this law and, in particular, may not exceed the limits indicated are temporary. In the event that the date of entry into force of this law the duration of the sanction that is fulfilling because you have exceeded these limits time, is understood to have definitely accomplished.
2. The sanctions of isolation during the weekend imposed prior to the date of the entry into force of this law and the fulfilment of which is being carried out on that date or has been to start from then on, they must be replaced by another penalty, in accordance with the principle of proportionality.
Second transitional provision The proceedings that have been initiated before the entry into force of this law shall continue to be processed and resolved in accordance with the rules in force at that time. However, the rights of the internal expedientat that establishes the new article 55 of law 4/2007, of 22 March, prison qualified, apply immediately.
Repealing provision derogates the Decree of 14-01-2009, by which approves the regulation of modification of the regulations of the disciplinary system of prisons, October 29, 2008.
First 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 4/2007, of 22 March, prison qualified, including the changes introduced so far in this law.
Second 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, 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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra