Law 17/2014, July 24, Qualified For The Modification Of The Law For The Modification Of The Code Of Criminal Procedure, Of 10 December 1998

Original Language Title: Llei 17/2014, del 24 de juliol, qualificada de modificació de la Llei qualificada de modificació del Codi de procediment penal, del 10 de desembre de 1998

Read the untranslated law here: https://www.bopa.ad/bopa/026052/Pagines/lo26052002.aspx

lo26052002 law 17/2014, July 24, qualified for the modification of the law for the modification of the code of criminal procedure, of 10 December 1998 given that the General Council in its session of July 24 2014 has approved the following: law 17/2014, July 24, qualified for the modification of the law for the modification of the code of criminal procedure , of 10 December 1998 preamble on 16 February 1989 approved the code of criminal procedure, which was the subject of a first substantial modification in accordance with the law for the modification of the code of criminal procedure, of 10 December 1998, at the same time that was passed the law for the modification of the penal code. This reform, which is very important in terms of the scope, I'd aim to adapt the standard criminal procedure to the provisions of the Constitution adopted on 14 March 1993 and, in particular, settle for the compliance with and respect required of fundamental rights and public freedoms that are recognized and tutelen. Indeed, as is clear from its preamble, it was necessary to abide by the code of criminal procedure, in a clear and express, to the limits deriving from the constitutional recognition of the rights and inviolable freedoms of the citizens, in addition to make it match with the content of several international treaties signed and ratified Meanwhile by the Principality of Andorra.
With the qualified law on modification of the code of criminal procedure was introduced for the first time the procedure of the criminal Ordinance, which empowers the batlle instructor to dictate a resolution that will determine the facts, their legal qualification and criminal liability which they arise, and at the same time imposing a particular sentence, the maximum duration of which may not exceed half the penalty score for the criminal offence are mentioned in the criminal code. The lack of opposition to this criminal Ordinance means that becomes firm and a seasoned. This procedure, however, was only applicable in the event of certain minor crimes and criminal contravencions, and as long as there was no reoccurance.
In accordance with the approval of the law of international criminal cooperation and the fight against the laundering of money or securities arising from international, on 29 December 2000, was to carry out another timely reform and isolated of the criminal procedure code, with regard to the delivery of malicious objects guarded and the participation of an undercover agent.
However, the approval of law 9/2005, of 21 February, qualified of the criminal code, is the second reform of the general scope of the criminal procedural law, in particular by virtue of the law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure. In this way, it suited the criminal procedure code and the new penal code, will derogaven certain provisions, in particular those relating to the suspension and the replacement of penalties, as it became regulated in penal policy, and reformed other issues strictly procedural content with the purpose, among others, to amend option was the practical problems and that entorpien the criminal proceedings unnecessarily or created dysfunctions. By way of example, it was possible the procedure of the criminal Ordinance in relation to all criminal contravencions and minor crimes, and also in the case that there was recidivism.
Subsequently, the adequacy of the criminal rules to the international treaties signed and ratified by Andorra necessitated a specific amendment of the penal code, by law 15/2008, of 3 October, to adapt it to the commitments in the area of corruption and the financing of terrorism. So he also require the reform of the law for the modification of the code of criminal procedure, by virtue of the law 16/2008, of 3 October.
Taking into account, on the other hand, that the criminal procedure code contains provisions that affect the exercise of fundamental rights, and especially of the rights recognized in article 10 of the Constitution, on the 7th of September 2010, the Constitutional Court ruled, as a result of incidental actions of unconstitutionality actions brought by the Court of Corts on March 31, 2010 , certain clauses of articles 24 and 25.1 of the criminal procedure code, which restricted the legal assistance twenty-four hours of the arrest, were contrary to the Constitution and, therefore, null. Accordingly, through the law 87/2010, from 18 November, qualified for the modification of different texts in the field of criminal law in relation to the legal assistance, they modify the clauses mentioned above. This is the only occasion to date, in addition to the changes arising from the adoption of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime, of 29 December 2000, in which a modification of the code of criminal procedure has not been accompanied by a parallel reform or dimanat of the criminal code.
After that, they have promoted other specific reforms of criminal procedure, such as that falsehood stems of law 19/2012, from 11 October, associated with the modification also very partial of the penal code, to settle for these legal texts to new international agreements signed or ratified by Andorra, as well as to the recommendations of the Group of States against corruption. At the same time, we took advantage of the opportunity to complete or revise the wording of some articles to improve legal security and strengthen the criminal procedural guarantees.
Finally, the last amendment, recently operated, has been introduced by law 19/2013, of 10 October, which has allowed it to implement the decision 2007/845/JHA of the Council, of 6 December, concerning cooperation between asset recovery offices of the Member States in the area of discovery and identification of the products of crime or other property related to crime , included in the annex accompanying the monetary Agreement signed between the Principality of Andorra and the European Union, the ratification of which was approved by the General Council on 24 November 2011.

Thus, the code of criminal procedure, as a legal body that contains the procedural rules of criminal law, is a legal standard that, given its importance and frequent application requires be modified often in greater or lesser extent, depending on the case, and this circumstance has been made especially clear in Andorra in the last few years. On the other hand, their linking and interaction not only with the substantive rule of criminal law, but also with other laws of our legal system that sometimes it should be reformed, even if most impinge on this need for constant review, since otherwise the laws mentioned may not achieve the objective sought in accordance with the modification.
In this sense, the modification of the contemporary form of qualified law promoted the justice, on 3 September 1993 and, in less extent, of the transitional law of judicial procedures, on 21 December of the same year, has made essential a new reform of the qualified law on modification of the code of criminal procedure. For this reason, then, that have been promoted by this law, which is divided into sixty-eight articles and three final provisions, one of which involves the modification of several articles of the law of the jurisdiction of minors, of 22 April 1999.
Indeed, as argued in the preamble of the law amending the law of Justice and of the transitional law of judicial procedures, it has launched a new distribution of powers to the courts in the field of criminal jurisdiction, for reasons of balance in the assumption of workload and to improve the consistency and uniformity. Therefore, and although the batlles instructors keep judging by the criminal Ordinance, the Court of Corts becomes competent to judge in the first instance, as well as of the processes followed by major crimes in a member, are followed by minor crimes, and also the criminal contravencions in one-man composition; and, accordingly, the Criminal Chamber of the upper Tribunal assume jurisdiction to resolve these processes in appeal, as well as the criminal process the courts in the first instance by the Court of minors, and in turn becomes competent to resolve appeals against resolutions issued by Mayor instructor in the period of execution of the Penal regulations, or by the Mayor of minors in certain cases.
Therefore, I delete the Single Court of Mayor and the Court of Batlles in the Criminal Court, which are competent to judge, respectively, the criminal contravencions and minor crimes. Taking into account trade that since has wanted to introduce the principle according to which who is competent to issue a resolution must also be to run it, the Mayor instructor becomes the executor of Penal ordinances that have pronounced, instead of the Single Court of the Mayor in connection with the criminal contravencions, and of the Court of magistrates, with regard to minor offences.
In this sense, most of the articles of the law for the modification of the code of criminal procedure that have been refurbished by means of this law have been for the purpose of adapting the criminal procedural rule to this new distribution of authority. However, since this adaptation required a powerful modification regarding the number of articles concerned, also wanted to take advantage of the opportunity to reform-others, with the common goal of encouraging the streamlining in the processing and resolution of criminal processes, and to promote the quality and effectiveness when it comes to administer justice.
In particular, with regard to the procedure of the criminal Ordinance, have expanded the event in what should be or is applicable, and the necessary adaptations have been made because, to all intents and purposes, the firm and a seasoned criminal Ordinance is equated to the firm. It is also possible that the Mayor can declare instructor lack of criminal responsibility and decreed the archive of previous proceedings under certain circumstances encausada in the person complete and exclusive relaxing time the formalisms in the notification of judicial decisions. Together, we have made extensive use of the relevant area of the Ministry in charge of Justice, in order to organize and coordinate the execution of the work for the benefit of the community, as a punishment or measure of replacing custodial sentences of convicted adults, so far carried out only in the case that a disciplinary charge subsidized rates measurement of these characteristics , to the provisions of the law of the jurisdiction of minors, with satisfactory results. In this way it aims to encourage the imposition of these penalties or measures that make it possible to avoid the breaking of the condemned person with family life, social and labor, and promoting values such as solidarity, responsibility and the common good. And taking into account that this area, in accordance with its functions and powers, must be attached to the Ministry responsible for Justice, have been modified five articles of the law of the jurisdiction of minors for that purpose.
One of the main purposes of presenting legislative reform is to consolidate and, if necessary, to improve the guarantees in the exercise of the fundamental rights of the person encausada. So, has extended the right to legal assistance from the moment anyone that pay statement to the Police as a suspect, if the facts that motivate research can constitute a crime, but has not been arrested, or that you have to be the subject of a recognition of identity or a House record. At the same time it has the precise scope of a possible waiver of this law and the participation of the lawyer in the practice of the proceedings. We have also included the right of the person suspected or arrested to be recognized by a doctor of their choice, in addition to the medical examiner.
In this respect, they have tempered the Formalisms for the purpose of exercising the civil action ex delicto, has expanded the exemption from the obligation to report the Commission of a crime to family members of the individual offender up to the third degree by adoption, there has been extensive the possibility to lodge an appeal against the decision of the Mayor of law instructor who the secret proceedings, partial or previous table of contents , and has included a new event to promote the revision against a firm judgment.

In another order of ideas, has been changed or precise the wording of some articles to make them more understandable or bring them to the interpretation by the courts or to the practice started. Such as with regard to cases in which the Police Service should proceed to the arrest, as well as to the duration of the detention and the control mechanisms, without prejudice to that contemplated the possibility of extended, although exceptionally and in cases set forth, the deadline for the summons issued by Mayor of processing, and that in turn will allow also for unusual dictate this sentence if you do not take failed processing statement to the person encausada in the envisaged deadline.
Finally, certain modifications have been because of the adaptation of the standard criminal law 18/2013, of 10 October, qualified for the modification of the criminal code, recently approved, as well as of the need to comply with articles 36, 41 and 42 of the law 17/2013, of 10 October, on the introduction of the euro in the framework of the monetary Agreement signed between the Principality of Andorra and the European Union which requires obligations by the criminal judicial bodies in the field of forgery of currency.
Article 1 amendment to article 2 modifies article 2 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 2 the right to administer justice in criminal matters, judging and run what has been judged, relates exclusively to the Court of Justice of Andorra, in the Court of Corts, its magistrates and batlles , without prejudice to the competence which corresponds to other international bodies by virtue of the corresponding treaties established in accordance with the provisions of article 65 of the Constitution. "
Article 2 amendment to article 3 modifies the article 3 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 3 1. The Criminal Chamber of the High Court of Justice of Andorra the resource of appeal against decisions of the Court rendered in first instance courts, as well as the resource of appeal against decisions handed down by the batlle instructor in phase of execution of the Penal regulations, in cases established by law.
We also know, in oral and public trial, of all causes followed by criminal offences committed by members of the General Council, of the Audit Office and the Government, and mayors or magistrates, and execute the judgments that have fallen on these infringements.
2. The plenary of the Court of Justice of Andorra, excluded the magistrates attached to the Criminal Court, the resource of appeal against judgments of the High Court of Justice of Andorra rendered in first instance on the causes mentioned in the second paragraph of the previous section.
3. The Court of Corts knows, in composition Member, in oral and public trial, of all causes followed by major and minor crimes, and execute the judgments which gave about these crimes. Also known, in a single composition, in oral and public trial, of all causes followed by criminal contravencions, and execute the judgments which gave in this matter.
Also known as resource person, appeals against resolutions issued by Mayor instructor, in the cases and forms provided by law.
4. The plenary of the Court of Corts, saved the case of flagrant, is competent to arrange the arrest and prosecution of the members of the General Council, of the Audit Office and the Government, if they are held liable criminally for the duration of his mandate, as well as the batlles and magistrates, without prejudice to the instruction of the cause is given by a judge of the Court.
5. The instruction of the causes, for all types of offences, the bailiff carries out, without prejudice to the provisions of the second paragraph of article 48 of the law of Justice.
The Mayor also instructor is competent to meet, by the Criminal Procedure Ordinance, the offences referred to in article 163 of this code, as well as to proceed with implementation. "
Article 3 amendment to article 4 modifies the article 4 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 4 penal courts are competent to resolve civil and administrative issues referred caused by reason of the offenses when closely linked to the fact punishable so that it is impossible for their separation. The court resolves always applying the civil or administrative rules to the questions referred.
Despite the provisions of the preceding paragraph, if the question is determining guilt or prejudicial of innocence, or to ascertain the existence of the crime, the Criminal Court or, if applicable, the batlle instructor, should stay the proceedings until the competent jurisdiction to resolve the issue, if it has already been brought. If it has not been brought, the Court or the Mayor instructor, as required, given to the parties within a month to do it before the competent jurisdiction. After this period, which cannot be given more than once under the same procedure, and without which none of the parties proves to have it done, it picks up the suspension and continue the procedure, and criminal court resolves on the same issue. "
Article 4 modification of article 6 modifies the article 6 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 6 In the crimes to which refers article 16, the public prosecutor's Office, once made the complaint or the complaint, as required, for the offended person or his legal representative acts in accordance with the provisions of article 5. "
Article 5 amendment of paragraph 3 of article 7 modifies the paragraph 3 of article 7 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "3. Can object to the public prosecutor, the accused, the processing, the actor or the particular Rwandan civil, responsible for civil or their lawyers. The challenge has been proposed as soon as it becomes aware of the existence of the cause in which they are based and, otherwise, it is not accepted for processing. Against this decision cannot lodge an appeal, without prejudice that the objection can be raised by means of other resources and jurisdictional remedies at its disposal. "

Article 6 Amendment of article 12 modifies the article 12 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 12 for the exercise of the right to defence is recognized in the previous paragraphs, are processed are defended by a lawyer, and in designated a lawyer if you do not have been appointed. The defence lawyer is free of charge only to people who prove their situation of poverty or bankruptcy, declared by a judge or a court.
Except in this case, the processing has the obligation to pay the sum that the Government meets in fees to the lawyer profession, which is part of the court costs, notwithstanding that the lawyer can claim also an add-on fee to the person concerned. This obligation of payment on the part of processing is established under the terms of the applicable regulatory rules foresaw. "
Article 7 modification of article 16 modifies the article 16 of the law for the modification of the code of criminal procedure, the first section of which was modified by the Law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 16 1. The criminal action arising from offences or criminal contravencions referred to articles 168, 193, 515, 179.2 232 and of the criminal code requires the complaint or the previous complaint of the person offended, his legal representative or, in the cases established, of the public prosecutor, who will have to weigh the competing interests. The exercise of criminal action by the harmed carries the same requirements for the ex-officio prosecutable offences referred to in article 14 of this law.
These crimes, semi-public available character, forgiveness from the offended person not terminated the action or criminal liability.
2. criminal action arising from offences referred to article 179.1 and 479 of the criminal code requires the filing of complaint of the injured person or his legal representative.
These crimes, private character, the exercise of the criminal action takes place as a private accusation, in the manner and under the conditions of article 14, and the renunciation of the criminal action in any State of the procedure entails the extinction and the file of the case. "
Article 8 amendment of article 18 modifies the article 18 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 18 the civil action may be exercised by any person who has suffered damages caused by the offence or contravention penalty. You can try it in conjunction with the criminal or civil trial, in separately. In the latter case cannot exercise the civil action until it has been resolved the criminal action for judgment summons issued by oversight or firm ultimate or temporary.
The Constitution in civil actor can occur at any time of the procedure to the last day of the term granted to the public prosecutor to present the written legal qualification.
Any person exercising the civil action has to manifest it, and to appoint a lawyer and residing in the Principality where he can do the due notifications.
In the first statement he learns the injured party of the content of this article.
The public prosecutor has to exercise the civil action together with the criminal law provided that the injured party has not been established in civil or actor has made his civil claim reserve, has expressly waived or ignored. "
Article 9 amendment of the letter b of paragraph 1 of article 23 modifies the letter b of paragraph 1 of article 23 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "b") the name, the profession, the address and other contact information of each one of the people who have taken part in the alleged punishable. "
Article 10 amendment of article 25 modifies the article 24 of the law for the modification of the code of criminal procedure, as amended in turn by the law 87/2010, from 18 November, qualified for the modification of different texts in the field of criminal law in regard to legal aid, which is worded in the following terms: "Article 24 1. Any person suspected or arrested that pay statement in front of the Police Service, or in connection with which it has to carry out a House record or a recognition of identity, should be informed, so that they understand, and immediately, from the facts that give rise to the investigation and the reasons that motivate their possible deprivation of liberty, as well as the following rights : a) the right not to testify.
b) the right not to testify against herself and not to confess guilt.
c) right to read her the statement and make the necessary modifications or whatever the explanations.
d) the right to appoint a lawyer and to request your presence to attend their claims and intervene in the searches and the recognition of what is object. If the person suspected or arrested does not designate a lawyer, the Attorney appointed does not accept the designation or not you can find, and with the exception of waiving, acts the lawyer on duty, provided that the infringement may be investigated constitutes a crime. At any time and despite having expressly waived this right, the person suspected or arrested can designate a lawyer or ask for the performance of the lawyer on duty.
e) right to put it immediately in the knowledge of a family member, or a person who designates, the fact of his arrest and the place where it is located.
f) right to free assistance of an interpreter in the case of a foreign person who does not understand or does not speak the national language or one of the languages of the neighbouring States.
g) the right to recognition of the medical examiner and a doctor of their choice, in the latter case by her, which must appear within a maximum period of forty-five minutes and deliver the corresponding report in writing, once the recognition.
2. In the statement given to the Police will be the start time and completion of the statement and of any interruptions.

The suspicious person just has to stay in the police the necessary time to declare. In any case, both with regard to the suspicious person as to the person arrested, the interrogation may not last for more than four consecutive hours, and between one and another there has to be a time of rest for at least an hour.
The person arrested has the right to enjoy an uninterrupted rest of at least eight hours for every twenty-four hours of detention.
3. In the event that it is necessary to perform a breath test, you must notify the person concerned has the right to request a blood test if you do not want to take the breath test or is not in accordance with the results obtained by other procedures. The Police Service has to inform the person concerned, where applicable, the content of the article 269 of the penal code. "
Article 11 Amendment of article 25 modifies the article 25 of the law for the modification of the code of criminal procedure, as amended in turn by the law 87/2010, from 18 November, qualified for the modification of different texts in the field of criminal law in regard to legal aid, which is worded in the following terms: "Article 25 1. To guarantee the right to the assistance of a lawyer referred to in the first paragraph of the previous article, the Police must inform the person suspected or arrested that may designate a lawyer or ask, if necessary, be assisted by the lawyer on duty immediately.
2. Once you have made the appointment, or requested the assistance of the Attorney on call, the police must be notified afterwards. And must inform you of the nature of the infraction, the subject of police investigation. The lawyer, from this moment, you can review the proceedings engaged, meet privately with the person suspected or arrested during a period of thirty minutes and attend all interrogations, asking the police officer that the Debriefs on the aspects that apply for, and be in the same statement any demonstration you want to broadcast. The Attorney can intervene and assist in the searches and the awards of which it is the object the person suspected or arrested, and State in the corresponding minutes any demonstration you want to broadcast.
If the lawyer fails within a period of forty-five minutes from the call, the proceedings may begin without their presence. However, in case of urgency and with legal authorisation duly motivated, the proceedings may begin prior to this deadline, although the Attorney called no is present.
3. On the subject of terrorism, the competent judge, at the request of the Police Service, may be considered by grounded decision that the lawyer designated by the detainee may cause prejudice to the ongoing investigations. In this case, you should apply immediately to the Dean of the College of lawyers the designation of another lawyer who takes attendance.
4. The statements made in violation of the requirements of previous sections are null and without effect.
5. The Association should organize a stay, in order to cope, at all times, the obligations arising from the above precepts. "
Article 12 Amendment of the article 27 modifies article 27 of the law for the modification of the code of criminal procedure, as amended in turn by law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 27 1. The agents of the Police Service have an obligation to stop: a) the person who ordered the mayor or the competent court.
b) the person ordered by the public prosecutor.
c) The person who attempts to commit a crime.
d) The offender in flagrante.
e) the person against whom there is reason to believe that he has participated in the Commission of a crime.
2. The order referred to in letters a and b of the preceding paragraph may be made verbally, for reasons of urgency, without prejudice to be formalised in writing within a maximum of two hours.
3. In the area of money laundering of money or securities or underlying offences that originate, via the corresponding aute motivated, the Mayor instructor can release the police officers of the obligation to arrest and agreed that it will not arrest the suspected of the Commission of the offence, or defer the arrest, in order to identify the people involved or get the necessary tests as long as there is a proportion of the interest of the investigation and the danger that the lack of arrest can represent. "
Article 13 amendment of article 28 modifies the article 28 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 28 the agents of the Police Service, when you arrest a person in virtue of the provisions of the previous article, they should put it in freedom or deliver it to the Mayor that within 48 hours.
When the arrest due to a court order, the Police must immediately notify the mayor or the Court which has ordered the arrest, which controls their opportunity and duration, and you can't leave without effect the arrest without prior order of the mayor or the competent court.
In the other cases provided for in the first paragraph of the previous article, the Police must immediately notify the public prosecutor's Office, which controls the timing and duration of the arrest, and cannot be left without effect without prior order of the public prosecutor's Office. "
Article 14 Amendment of article 29 article 29 of the law modifies the qualified modification of the criminal procedure code, which is worded in the following terms: "Article 29 the mayor who will take delivery of a person arrested must dictate processing to order the provisional prison sentence or detention without effect within 24 hours from the moment when the person arrested has been released , after hearing the public prosecutor and the previous Attorney, you have to expose the motives in favour of or against the prison or parole.

Exceptionally, in cases of murder, assassination, torture, slavery, aggression or sexual abuse, drug trafficking, kidnapping, trafficking in children, illegal trafficking of weapons, pandering, terrorism, financing of terrorism, money laundering or securities Association to threaten the Principality or against the constitutional order and offences against the international community, the Mayor can extend, by the deadline mentioned in the paragraph above reasoned, summons up to 72 hours. During this period extended, the person arrested is admitted at the premises of the prison, in a separate unit. "
Article 15 Amendment of article 37 article 37 of the law is described in modifying the criminal procedure code, which is worded in the following terms: "Article 37 are exempt from the obligation established in the previous article the priests and lawyers when you know the facts by reason of his Ministry or his profession, and the consort or the person with whom the offender is joined to a situation of fact equivalent and other relatives of the offender to the third degree of consanguinity, affinity or adoption. "
Article 16 Amendment of article 42 article 42 of the law modifies the qualified for the modification of the criminal procedure code, amended in turn by the Law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 42 1. Once the instruction of the proceedings, the Mayor must adopt one of the following agreements: a) File the complaint, does not admit the lawsuit or entrusted to the file of the proceedings were carried out.
b) Decreed the provisional dismissal in accordance with articles 126 and following.
c) ordered the opening gag, if the fact is the character of the crime, or inhibit it in favour of the Court of Corts, if it is considered criminal contravention, without prejudice to the provisions of article 163.
2. If the judge finds that you encausada person instructor can be applied an excuse of absolution that the exemptions for criminal liability, or which concurs in this person one of the mutually exclusive circumstances foreseen complete sections 4 and 6 of article 27 of the penal code, following the previous report of the public prosecutor, may issue summons motivated stating the lack of criminal responsibility and practiced decreti proceedings archive , without prejudice to civil liability that may arise and that has to be resolved by the civil jurisdiction. Against this sentence you can lodge an appeal of appeal, in accordance with the provisions of article 194. "
Article 17 Amendment 45 article modifies the article 45 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 45 the Mayor has personally to carry out the necessary steps. You can, however, become a Wizard for your employees and agents of the Police Service, if not it's the questioning of a processed, a confrontation or a recognition of identity. "
Article 18 Amendment 57 article modifies the article 57 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 57 the Mayor has to provide a statement to the person encausada as many times as it deems appropriate to find out the facts. The announcement of the person encausada has to do with a minimum of 72 hours, with prior notice, in the same period, the designated attorney or counsel ex officio.
In case of urgency and by aute motivated, the Mayor can take the statement, once made the same call that the previous paragraph, but with a minimum of up to 6 hours. "
Article 19 amendment of the last paragraph of the article 61 modifies the last paragraph of article 61 of the law for the modification of the code of criminal procedure, which is worded as follows: "(...)
In both cases the expenses that results in the performance of the player was in charge of the administration of Justice, or form part of the court costs in case of conviction. "
Article 20 Modification of article 65 article 65 of the law is described in modifying the criminal procedure code, which is worded as follows: "Article 65 if the person encausada is arrested, the first claim must be made within a maximum period of 24 hours to count the time that has been made available to the Mayor, unless there are exceptional reasons that disable their practice.
After this period, either that you were able to proceed or not to the statement of the person encausada, the Mayor must dictate aute processing decreed freedom or, if necessary, the prison of the person arrested, after that, in the latter case, you have listened to the allegations of the Prosecution and of the lawyer appointed or guard. "
Article 21 addition of a paragraph 5 in article 116 is inserted a paragraph 5 in article 116 of the law for the modification of the code of criminal procedure, as amended by law 16/2008, of 3 October, and 19/2013, 16 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms : "5. In the field of forgery of currency the batlle trainer can arrange the delivery of part of the currency involved in the technical bodies and the competent authorities in the fight against counterfeiting of the euro, in accordance with articles 36 and 42 of the law 17/2013, of 10 October, on the introduction of the euro in the framework of the monetary Agreement signed between the Principality of Andorra and the European Union as long as this does not prevent the use and conservation of the currency given as an object of evidence in the framework of the corresponding process. "
Article 22 amendment of the statement of the title third modifies the wording of the title of the third law to amend the criminal procedure code, which is worded in the following terms: "Third Degree. Of the Court of Corts when acts in composition Member "Article 23 Amendment of article 123

Modifies the article 123 of the qualified law on modification of the code of criminal procedure, the letter was amended by law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 123 once received the aunt, the president of the court appoints to turn the Western magistrate or magistrate who has to act in a single composition.
In the case that it's a cause followed by greater or lesser offence, the judge rapporteur highlights the aunt immediately to the Secretary of the Tribunal, the Prosecutor, to the actor in the civil querellant, Defender or to advocates and third parties responsible, within a term set of 15 days, so that they can come up with: a) the practice of sumarials proceedings that has not been possible to come up with previously. they have been denegades for unfair, despite having been proposed previously, or that have been previously admitted but have not been practiced for reasons not attributable to the applicant.
b) the practice of the evidence that can not be practicing at the time of the hearing.
c) the dismissal of the case.
d) any other statement necessary to their right.
e) the opening of the oral judgment. When the Prosecutor requests the opening of the oral trial in the same written must formulate the provisional classification of the facts and must come up with the tests which try to assert themselves. "
Article 24 Amendment 125 article modifies the article 125 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 125 A time after the deadline indicated in article 123, the Court can agree on: 1. Proceed to the requested processing in the instruction of the cause and denied by the Mayor. In this case will revoke without any further ADO the summons of conclusion, and it returns the table of contents for the proceedings which are a consequence of the said resolution.
2. Revoke the summons of conclusion of the Mayor. In this case it commands to return the process to the Mayor to complete the instruction of the cause, practice the proceedings indicated and the others that are necessary in view of the practice of the first.
3. Hold the oral trial.
4. Dismissed the case.
5. Declare the fact pursued "contravention penalty", to the effect that will designate the magistrate who has to act in a single composition. "
Article 25 adding a last paragraph in the article 132 is entered a last paragraph in article 132 of the qualified law on modification of the Code of criminal procedure, as amended in turn by the Law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "[...]
After the deadline of thirty days, and in lack of presentation of the written provisional qualification on the part of the defenders of the processed and/or third parties legally responsible, it is considered that perceived of the test, without prejudice to the right of the Committee to agree on the practice of the evidence as it deems appropriate to provide better. "
Article 26 amendment of the statement of the first chapter of title IV modifies the wording of chapter I of title IV of the law for the modification of the code of criminal procedure, which happens to be renamed "chapter one", and is worded in the following terms: "Chapter only. Of the criminal Ordinance "Article 27 Amendment 163 article modifies the article 163 of law for the modification of the code of criminal procedure, as amended in turn by law 16/2008, of 3 October, and 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms : "Article 163 1. When the criminal proceedings are still only for criminal contravencions, the latter must be judged by the Criminal Procedure Ordinance. They can also be judged by the criminal Ordinance when the procedure will follow, in addition, for the crime. Likewise can be judged by the procedure of criminal offences and Crimes Ordinance over the maximum sentence provided for is less than or equal to four years in prison.
2. You can also make use of the procedure of criminal Ordinance when, in addition to resolving the criminal responsibility, we must resolve on civil liability arising from the criminal offence. In this case, if not you can do the delivery in the same Act, the issue must be resolved in the period of implementation, which will determine those responsible for civilians, the degree of responsibility and the amounts of compensation.
3. To guarantee the right to defence, in the case of minor offences or older, must be attributed to the trade lawyer responsible for criminal law, if you are not named, and also, always simultaneous declaration of poverty or insolvency, to any other person against which you run the civil action arising from the crime. In case you make use of the procedure of criminal Ordinance at the time in which a detainee is brought to court and before taking her statement, rather than the lawyer acts ex officio the Attorney on duty. "
Article 28 Amendment 164 article modifies the article 164 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 164 watch the mayor or Mayor instructor, after reviewing the police transcript, at any time of the instruction, even before he had given a written statement in front of the inculpado credit, you can arrange , for criminal Ordinance, verbally and without any other procedure, with the exception of the request to the public prosecutor and the defending counsel in relation to the facts, the personal circumstances of the applicant and the tax penalty, which must be manifest also verbally, the joint taxation or alternative penalties set out for crimes and the criminal contravencions up to a maximum of half. "
Article 29 Amendment of article 165 modifies the article 165 of the qualified law on modification of the code of criminal procedure, as amended in turn by law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 165

1. Once you have notified the Ordinance to the person concerned, to the other parties and to the public prosecutor, the latter and the interested party and the other parties, with the request to their respective lawyers, in this same event, can ask for simple opposition demonstration in front of the Secretary of the Council.
In the absence of opposition, the Ordinance becomes firm and a seasoned. In this case it notifies in this same event and writing criminal Ordinance, which must contain a short summary of the facts, their legal qualification and the penalty imposed, and, if appropriate, the register of criminal records.
2. The Mayor may, within five days from the notification, rectify any mistake material, clarifying confusing concepts or replace remarks that they observe in the Ordinance.
Arithmetic errors can be rectified and manifests materials at any time. "
Article 30 amendment of the first paragraph of article 166 modifies the first paragraph of article 166 of the qualified law on modification of the Code of criminal procedure, which is worded in the following terms: "Article 166 if you have formulated opposition, the Mayor is noted by Stagecoach the penalty proposed by the public prosecutor and the counsel of the person concerned and the other parts as well as the agreed penalty. In this case, the Ordinance is without effect and the cause should be judged by the Court that, after practicing the instruction if it is a crime. If the Mayor acts in feature guard, after practicing the proceedings that will suit you, you have to send the file to the appropriate instructor Mayor.
(…)”
Article 31 amendment of the wording of chapter II of title fourth 1. Modifies the wording of chapter II of the fourth title of the qualified law on modification of the code of criminal procedure, which becomes the new fifth title, and is worded in the following terms: "the fifth Title. Of the Court of Corts when acting on single-composition "2. The fifth, sixth, seventh, eighth, ninth, tenth, eleventh and twelfth pass number are, respectively, the titles sixth, seventh, eighth, ninth, tenth, eleventh, twelfth and thirteenth, in accordance with the provisions of paragraph 1 of this article.
Article 32 modified the article 167 modifies the article 167 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 167 of the Penal contravencions are judged by the Court of Corts in single composition. People interested can have knowledge at all times and copy of the proceedings. "
Article 33 Amendment 168 article modifies the article 168 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 168 The judge appointed as a speaker set the date of the trial and calls the case, the other parties and witnesses with advance notice at least 15 days, and warned the parties that should appear in the event of the trial with the evidence they want to bring. The public prosecutor must be informed with the same relationship in advance of the trial's procedures. "
Article 34 modified the article 171 article 171 of Act is qualified for the modification of the code of criminal procedure, which is worded in the following terms: "Article 171 Of every trial you have to write a record that has to collect the most extensive and faithful way possible all actions, and must be signed by the Secretary."
Article 35 Amendment of article 173 article 173 of law is qualified for the modification of the code of criminal procedure, which is worded in the following terms: "Article 173 Within the period of fifteen days the judge must pronounce judgment."
Article 36 adding a second paragraph in the letter a of paragraph 1 of article 181 is inserted a second paragraph in the letter a of paragraph 1 of article 181 of the qualified law on modification of the code of criminal procedure, as amended by law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure , which is worded in the following terms: "(...)
In the field of forgery of currency, the sentence must also resolve about the destruction of the counterfeit currency comissada and/or delivery to technical bodies and the competent authorities in the fight against counterfeiting of the euro, in accordance with articles 36 and 42 of the law 17/2013, of 10 October, on the introduction of the euro in the framework of the monetary Agreement signed between the Principality of Andorra and the European Union. "
Article 37 Modification 186 article modifies the article 186 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 186 notifications will be made by delivery of a copy or a photocopy of the real resolution, which must include the date, time and place in which you practice due diligence this , with the signature of the person who receives the notice, under the faith of the Secretary. When the notification is made to the registered office of the parties, the Secretary may delegate the Nuncio to bring it into practice.
The notification to persons residing abroad can be made by means of the corresponding rogatòria Commission. It is also valid if the notification has been made by registered letter with acknowledgement of receipt by the same interested party if the authorities of the country of residence do not oppose this form of notification, without prejudice that have the international agreements on the subject.
The notification can be made to the address of the lawyer of the person concerned, if the latter has previously proceeded to appoint him to this effect, unless the lawyer later renounce to the representation and defense of the person concerned. If the Attorney has been appointed by the turn automatically, you can ask the mayor or the competent court that run the notification to the person concerned by other means set out in this article, if he claims the inability of States to inform the person concerned of the fact of the notification, and the content of the decision notified.
The notification to individuals in unknown whereabouts can be made equally by edict. "
Article 38 Amendment 189 article modifies the article 189 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 189

The sentences are notified by the magistrate or by a member of the Court that has dictated. To the mandate of each one of them the notification can be made by a Secretary of the tribunal. The notification is done by reading and delivery of copies in public Act, which should be indicated by means of diligence. "
Article 39 Amendment 194 article 194 article modifies the of the law for the modification of the code of criminal procedure, as amended in turn by the Law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 194 Against the resolution of the batlle instructor who agrees to the file of the proceedings , who dismisses the complaint or lawsuit, who loves the lawsuit that has been challenged by alleging defects of capacity of the querellant part, which decreed the total or partial of the secret proceedings before or on the ground that the law, summary, which agrees or refuses the prison or parole, or any preventive measure of personal or economic , or that deny the processing, it is possible to lodge an appeal of appeal within a period of five days following the notification to the Court of Corts. The designated judge allows you to a single effect, and oït by the public prosecutor's Office and the parties within a period of ten days, resolved in another period of ten days whether they have issued the report as if you haven't done so. "
Article 40 Amendment 195 article modifies the article 195 of the qualified law on modification of the Code of criminal procedure, which is worded in the following terms: "Article 195 Against the resolutions referred to in the following article, handed down by the Court in the first instance courts, and by the Mayor of instructor execution of Penal Ordinances, you may lodge an appeal appeal that solves the Criminal Chamber of the High Court of Justice of Andorra."
Article 41 Amendment of the article 196 article 196 of the law is described in modifying the criminal procedure code, which is worded in the following terms: "Article 196 are susceptible of Appeal appeal: a) the judgments that have not been rendered in rebellion of the condemned person.
b) The aunt of dismissal and other decisions that prevent the criminal prosecution of the case.
c) The aunt who, in the period of execution of judgment or criminal Ordinance, fix the compensation of any nature or solve any incident, unless this law the contrary.
of) resolutions revocatòries of any benefit related to the fulfillment of the sentence you refer articles 214, 221 and 234.
e) the decisions referred to in article 78 of the criminal code, as well as the resolutions relating to substitution of security measures, or to leave without effects the suspension and substitution referred to in article 77 of the criminal code. "
Article 42 amendment of the statement of the ninth title modifies the wording of the title eighth of the qualified law on modification of the code of criminal procedure, which has to be numbered as the ninth title in accordance with article 31.2 of this law, and is worded in the following terms: "ninth Title. Execution of sentences and criminal Ordinances "Article 43 Amendment 205 article modifies the article 205 of the qualified law on modification of the Code of criminal procedure, which is worded in the following terms:" Article 205 the execution of the judgments handed down by the Court of Corts corresponds to the judge appointed as a speaker. The incidents in the period of implementation are resolved by the same court.
The execution of the Penal regulations shapely and executives is up to the Mayor that the instructor has dictated. The incidents in the period of implementation are resolved by the same mayor instructor.
The execution of the work for the benefit of the community in question to the Ministry in charge of Justice, under the control of the Court or the competent Mayor. "
Article 44 Amendment of article 208 article 208 of the law is described in modifying the criminal procedure code, amended in turn by law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 208 the fulfillment in Andorra of the custodial and restrictive of liberty conform to the provisions of special laws and corresponding regulations. In terms of deprivation of driver's license, the Court or the judge competent to execute the sentence or the criminal Ordinance can make use of the powers that article 110.2. c gives the Mayor an instructor.
It must be paid entirely the pre-trial, the time of arrest and the time of deprivation of permission of weapon or drive that has been carried out during the instruction of the cause, taking into account, if appropriate, the provisions of article 110.2. c and the following equivalents:-an arrest of festive time in Prison is equivalent to two days in jail , or if it has been fulfilled to the address.
-Two days of night or partial arrest prison diary are equivalent to one day of imprisonment, or half if it has been fulfilled to the address.
-Two days of house arrest are equivalent to one day of imprisonment.
The benefits related to the reduction or the fulfillment of the penalties of imprisonment or arrest are accumulative within the limits established by law. "
Article 45 Amendment of article 209 article 209 is modified of the qualified law on modification of the code of criminal procedure, as amended in turn by law 16/2008, of 3 October, and 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 209 1. In the case of disqualification of freedom over a complete month in Andorra, the Court or the judge competent to execute the sentence or the criminal Ordinance may, ex officio or at the request of the director of the prison, after the previous report of the public prosecutor's Office, agreed to a sentence reduction for good behavior and collaboration of taken on the activities of the Centre. This reduction may not be greater than 2.5 days per month of prison firm or full arrest calculated prison on the firm penalty imposed.

2. The Court or the judge competent to execute the sentence or the criminal Ordinance can withdraw completely or partially, ex officio or at the request of the director of the prison or the public prosecutor's Office, the reduction agreed in the case of infringement of the rules, or sentenced to prison in the case of bad behavior.
3. you may not lodge an appeal against decisions rendered in this matter. "
Article 46 Amendment of article 210 article 210 of the law is described in modifying the criminal procedure code, which is worded in the following terms: ' Article 210 The sentenced who, in the period of execution of judgment or criminal Ordinance, and once applied the penitentiary benefits referred to in the previous article, I have fulfilled at least half of the penalty of prison firm , you can apply for the replacement of the rest of the prison sentence that is to comply to the worth of house arrest with monitored control, provided that the prison has not been agreed by reason of crime of escape or of sexual behavior, or relating to safety inside the Principality, the counterfeit money, the laundering of money or securities , public health, or to the life, integrity and freedom of the people, and as long as the person concerned is resident in the Principality and has not been removed.
Against the decision of the Court or the judge competent to execute the sentence or the criminal Ordinance, to agree or deny the request, you can not lodge an appeal.
In the event that it finds an infringement to the house arrest with monitored control, the Court or the judge competent to execute the sentence or the criminal Ordinance, ex officio or at the request of the public prosecutor's Office, you can arrange the partial or total revocation of the measure, after prior hearing of the parties. However, you can arrange temporary revocation immediately. In this case must be resolved on the definitive revocation within a maximum period of one month, if the condemned has been jailed.
Against the decision adopted cannot lodge an appeal. "
Article 47 Amendment 211 article modifies the article 211 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 211 of the president of the Court of Corts, or the magistrate that delegate, should visit the Prison at least once every three months or whenever you think necessary , to learn from everything that refers to the situation of detainees or prisoners, and should adopt the necessary measures to correct any deficiency or abuse you've observed.
With the same purpose, the Attorney general, or the Assistant Prosecutor who is delegated, you have to do it once every three months and you can do it whenever you think necessary.
The director of the prison has sent daily to the Attorney-general, prosecutors, deputies to the Mayor on duty, to trainers, magistrates to judges of the Court of Corts and of the Criminal Chamber of the High Court of Justice, and corresponding legal secretaries, the relationship of the people interned in the Center, with specification of the ups and downs produced. "
Article 48 Amendment 212 article modifies the article 212 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 212 The sentenced to house arrest or house arrest with monitored control cannot absence from his home during the period fixed by the Court or the competent judge for the execution of the sentence or of the criminal Ordinance. The latter can take control at all times the presence of doomed home.
Monitored control measures may not be adopted without the prior written consent of the person concerned and the telephone costs or of another sort are generated by them, except in the case that you do not have sufficient economic resources. "
Article 49 Modification of article 213 article 213 of the law is described in modifying the criminal procedure code, which is worded in the following terms: "Article 213 in the case of arrest of weekend or partial arrest newspaper in separate dependency of the prison or to the address itself, the Court or the competent judge for the execution of the sentence or of the criminal Ordinance set the timetable and the specific conditions of implementation. When there are monitored control, the costs are at the expense of the person concerned unless you do not have sufficient economic resources. "
Article 50 Amendment 218 article modifies the article 218 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 218 the Court or the judge competent to execute the sentence or the criminal Ordinance should check, either directly or by means of the Police Service, who sentenced respects the condition or the conditions imposed for its reform or to compensate the victim.
You can also sort the collection of urine samples and/or of blood by health workers, in order to control the compliance with the conditions imposed. "
Amendment 51 article 219 article 219 of the law article is qualified for the modification of the code of criminal procedure, which is worded in the following terms: "Article 219 the Court or the judge competent to execute the sentence or the criminal Ordinance, ex officio or at the request of a party, in accordance with the provisions of article 63 of the penal code, you can modify the obligations imposed or reduce the period during which are applicable After the written report of the public prosecutor, the defence and, if applicable, of the injured party. "
Article 52 Amendment 221 article modifies the article 221 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 221 in the event of non-compliance with the conditions of the suspension or in case of lack of notification of change of address, the Court or the judge competent to execute the sentence or the criminal Ordinance adopted the relevant decision in accordance with the provisions of the article of the penal code 64.4 , after hearing the parties. However, you can arrange temporary revocation immediately. In this case must be resolved definitively within a maximum period of one month, if the condemned has been jailed.
Against the decisions, both as permanent temporary, which are adopted can lodge an appeal appeal. "
Article 53 modified the article 224

Modifies the article 224 of the qualified law on modification of the code of criminal procedure, as amended in turn by the Law 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 224 The semillibertat allows prisoners and those sentenced to the penalty of house arrest monitored control with or without, out of the prison or place of residence and without continuous monitoring during the day, to work as wage earners to own, to follow a medical treatment or courses of studies or, with your agreement, to carry out works of public interest, with the obligation to return it after work or activity at the Prison or to the address If you so choose to the Court or the judge competent to execute the sentence or the criminal Ordinance.
If you want to adopt control measures monitored, you need the prior consent of the person concerned. The telephone costs or of another sort are generated by them, except in the case that you do not have sufficient economic resources. "
Article 54 Amendment 228 article 228 article modifies the of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 228, the director of the police force or the Penitentiary, under the supervision of the Court or of the competent bailiff to execute the sentence or the criminal Ordinance, they must control the operation of the semillibertat.
Any breach of the diet of semillibertat should be pointed out immediately to the Court or to the Mayor mentioned, or the Mayor of the guard. "
Article 55 Amendment of article 229 article 229 of Act is qualified for the modification of the code of criminal procedure, which is worded in the following terms: "Article 229 the Court or the judge competent to execute the sentence or the criminal Ordinance can agree on the semillibertat, with monitored control or without, at the time of the sentence, the criminal Ordinance , or in the period of execution of the judgement or Ordinance, when the firm imposed prison term is less than or equal to six months, or when, taking into account the temporary prison, the carry the penalty of prison firm is less than or equal to six months. "
Article 56 Amendment 230 article modifies the article 230 of the qualified law on modification of the code of criminal procedure, as amended in turn by law 16/2008, of 3 October, and 19/2012, from 11 October, qualified for the modification of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 230 The condemned in the period of execution of judgment or criminal Ordinance, has completed at least two-thirds of the penalty of prison firm, after having applied the benefits of the 209 article if this is the case, you can request to receive the semillibertat scheme with or without a period for monitored control equal to the length of the penalty which is to meet , regardless of the provisions of article 229. It also can foster the people who replaced the prison sentence for the firm of house arrest, with or without monitoring control, in accordance with article 210.
Once agreed the semillibertat under this article or article 229, and having spent the half of the envisaged deadline for the semillibertat, the Court or the judge competent to execute the sentence or the criminal Ordinance, ex officio or at the request of the prisoner, you can arrange the probation for a period equal to the duration of the penalty that is to comply.
The Court or the Mayor mentioned can also grant probation to the condemned, has been ejected or not, when you have fulfilled the five sixths of the prison sentence imposed on the firm or the criminal Ordinance, or carry resulting after applying the benefit provisions of article 209 and regardless of whether the prison sentence has been replaced by that of house arrest stipulated in article 210. This benefit is also applicable to the penalties of arrest. "
Article 57 article Amendment 231 article 231 of the law is described in modifying the criminal procedure code, which is worded in the following terms: "Article 231 the decision to arrange the semillibertat regime or of probation is up to the Court or the competent judge for the execution of the sentence or of the criminal Ordinance, which adopted after having oït the opinion of the public prosecutor and the director of the prison , if necessary. "
Article 58 Modification of article 232 article 232 of the Act modifies the qualified modification of the criminal procedure code, which is worded in the following terms: "Article 232 the Court or the judge competent to execute the sentence or the criminal Ordinance agrees or refuses the reception to the regime of semillibertat or of probation, depending on the elements proving the chances of social rehabilitation of the sentenced."
Article 59 article Amendment 233 article 233 of the law is described in modifying the criminal procedure code, which is worded in the following terms: "Article 233 the Court or the competent judge for the execution of the sentence or of the criminal Ordinance in accordance with the agreed penalty under semillibertat or under probation may impose , after having oït the public prosecutor and the sentenced, one or more of the obligations contained in article 62 of the penal code.
You should also check, directly or through the competent Department of the Ministry in charge of Social Affairs or of the Police Service, who sentenced respects the conditions imposed. "
Article 60 article 234 Modification modifies the article 234 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 234 if sentenced under semillibertat or under probation does not observe good conduct or does not respect the conditions that have been imposed, the Court or the judge competent to execute the sentence or the criminal Ordinance , or the Mayor of the guard, in case of urgency, ex officio or at the request of the public prosecutor's Office, be entrusted to the revocation of the semillibertat or of probation and his reempresonament during the time that still lacks to meet.

The decision is adopted, or reconsidered if it has been adopted in the case of urgency, by the Court or the judge competent to execute the sentence or the criminal Ordinance, after the report of the public prosecutor and the sentenced within a period of five days from the request, of the revocation or the emergency reempresonament agreed, with public hearing, if necessary.
Against the decision taken can only be lodged if the semillibertat has been granted in the sentence or in the criminal Ordinance.
Against the decision to revoke probation cannot lodge an appeal. "
Article 61 Amendment of article 235 article 235 is modified of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 235 in exceptional cases, for reasons legitimate and justified, the Court or the judge competent to execute the sentence or the criminal Ordinance can, after the report of the public prosecutor and the director of the prison grant, taken a permit of a maximum duration of five days, with the limitations that are coming from and with surveillance or control monitored, if necessary. "
Article 62 Amendment 236 article modifies the article 236 of the law for the modification of the code of criminal procedure, which is worded in the following terms: "Article 236 the payment of the fine or court costs must be made within 15 days from the day after the notification of the decision or of the criminal Ordinance. When the person condemned has no resources, the Court or the judge competent to execute the sentence or the criminal Ordinance can authorize it to make the payment in installments, which have to be fixed bearing in mind their situation.
In the case of legal aid to guard or ex officio, the Court or the judge competent to execute the sentence or the criminal Ordinance should return to the Government the sum paid by way of fees as a lawyer, in anticipating the applicable regulations. "
Article 63 Amendment of article 237 modifies the article 237 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 237 in the event of non-payment of the fine or of the court costs, the Court or the judge competent to execute the sentence or the criminal Ordinance comes to the Executive."
Article 64 Amendment of article 238 modifies the article 238 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 238 The determination of civil responsibility in the period of execution of judgment or criminal Ordinance conform to the following procedures: a) the Court or the competent Mayor requires, if any, to the parties that provide the tests deemed appropriate within that note.
b) Then gives to the parties of the proceedings. From this time the accuser or the civil actor have a period of 15 days to make their claim and the corresponding demonstrations; and those responsible for civilians, another period of 15 days to answer them.
c) after this last term, the Court or the competent judge decides. "
Article 65 article 253 Modification modifies the article 253 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 253 firm judgments handed down by the courts, and the Penal regulations shapely and executòries issued by Mayor instructor, can be appealed for review in the following cases: a) When the decision has been based on a document or testimony declared false later by ruling firm or firm criminal Ordinance and a seasoned.
b) When the decision is contradictory with another firm or firm and a seasoned criminal Ordinance ruling, handed down by the same self-determination, which can only be its author a single person.
c) When, subsequent to the resolution, is to come to the knowledge of any fact that test in a manner undisputed the innocence of the condemned.
d) When a judgment of a superior court granted sentence reductions or benefits which may not benefit from a condemned for not having brought an appeal, despite the fact that you are in the same situation of fact that the appellant benefited.
e) When the decision has been pronounced committing a crime of corruption, trespass, violence or any other fraudulent machination. "
Article 66 Amendment 255 article modifies the article 255 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "255 Article the object of the Criminal Record is the confirmation of the sentences pronounced by the Criminal Chamber of the High Court of Justice of Andorra, by the Court of Corts and the mayor or instructor on duty , in the case of crimes, and of the declarations of rebellion, dictated by the same court. "
Article 67 Modification of article 268 article 268 of the Act modifies the qualified modification of the criminal procedure code, which is worded in the following terms: "Article 268 Criminal Record advertising can only be made by means of certificates or of communications addressed to the courts, to the Council or to the prosecutor general, in accordance with the following articles."
Article 68 Amendment 270 article modifies the article 270 of the qualified law on modification of the code of criminal procedure, which is worded in the following terms: "Article 270 certifications are delivered by the clerks of the Court of Corts, which also reports, certifies or is noted in the causes, at the request of the courts or the magistrates, any annotation of the books of record."
First final provision 1. Modifies the paragraph 1 of article 20 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 turn amended by law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 20 1. The batlle instructor may not already the procedure when, trying of minors and oït the public prosecutor, the facts committed can find their correctness in education and family, and you have to inform the Mayor of minors to the appropriate effects, and the relevant area of the Ministry in charge of Justice, because they make the track. "

2. Modifies the section 5 of article 27 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: "5. The control of the compliance with the provisions the effect the Mayor and the public prosecutor, with the cooperation of the competent Department of the Ministry in charge of Justice."
3. Modifies the paragraph 1 of article 38 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 38 1. After the interrogation of the accused minor, will proceed to the statement of the witnesses or, where appropriate, of experts proposed in the writings of accusation or defence, as well as technicians of the Ministry in charge of the competent justice that have made the assessment of the minor during the instruction, and practice the tests admitted in accordance with the provisions set out in the code of criminal procedure. "
4. Modifies the article 46 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 46 in cases of replacement of the measurement of internally as in the cases of suspension of execution of a measure , the Mayor, after hearing the public prosecutor's Office and the parties, and in view of the report of the competent Department of the Ministry in charge of Justice, resolved. "
5. Modifies the article 47 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 47 1. The application of the measures has as its primary objective the integration of the child into society. All measures must be oriented towards their education.
2. The competent court of minors, by agreement motivated, can impose the measures listed in this article. To impose the measures must take into account not only the nature of the facts and their legal assessment, but also the interest of the minor.
3. The measures that may be imposed, educational or disciplinary in nature, are as follows: i. disciplinary action a) Main: 1st. Internally in a closed regime. The shortest stays on an ongoing basis in a centre, which performs all the activities; This measure can only be imposed on minors who have committed a felony in the Criminal Code sanctioned with a penalty of more than eight years in prison, or less recurrent with respect to other crimes. The duration may not exceed a third of the specified penalty for this offence in the criminal code.
The Mayor can grant furloughs to minors from the first third of the compliance with the measure, after hearing the public prosecutor, the direction of the school where the child is in compliance the extent and the technicians of the Ministry in charge of the competent justice.
2A. Internally in a semi-open regime. The semi-open regime implies the permanence of the minor continued in a school where the majority of the activities and is, at least, a permit of a weekend a month without prejudice that the Mayor can grant additional permissions, oït the public prosecutor's Office, depending on the personal circumstances of the child, family and community reintegration, which cannot be longer than two months of the year. This measure of internally cannot prevail when the minor has committed an offence classified as a contravention of the criminal code. The maximum duration of this measure is two years.
3A. Internally in an open regime. The open scheme allows the minor to perform recreational or educational activities outside the centre, keeping a schedule and with the obligation to stay overnight at the Center. Minors may go out every weekend and holiday period that are possible. This measure has a maximum duration of one year.
In the three earlier cases, the child must be under the supervision of the parents, guardians or legal representatives, or in the absence of these, under the responsibility of the competent Department of the Ministry in charge of Justice or under the responsibility of the people in which the Ministry delegate.
Similarly, in the case of the three previous cases, if the child needs medical or psychiatric treatment that advise or compel an internally, within this internally will be abonable for the period foreseen for the measure.
The internment of minors, in any kind of regime, will be held in facilities for minors, with complete separation of the people deprived of freedom by application of the criminal law applicable to adults.
4A. Obligation to remain in the family home on weekends. This measure has a maximum length of 12 weekends.
5a. Deprivation of the evening out of the family home. The child should remain in the family home from 22 hours to 7 hours of the following day, for a maximum period of six months, unless you go accompanied by a parent or legal representative.
6a. Carrying out services on behalf of the community. The shortest for an activity for the benefit of the community as a whole, or of persons in a situation of precariousness. You try to make the nature of the activity to have relation to the facts committed by a minor. The daily duration of this measure may not exceed six hours and non-compliance can pose a serious interference in the work, or the child's school. The minimum length is thirty hours; and the maximum, of one hundred and fifty.
The competent Department of the Ministry in charge of Justice carries out the work for the benefit of the community. Is responsible for the research of activities of public utility and the monitoring and evaluation of compliance with the measure, and should issue the corresponding report to the Mayor and the public prosecutor's Office. The activity that you have to make the least is proposed by the technical services of the Ministry of Justice to the Mayor of minors, which, once oït the public prosecutor's Office, there is to give the consent.
This measure cannot be imposed without the acceptance of the minor and his legal representative, and the resolution that establishes it has to all intents and purposes the consideration of sentence of execution.
b) Accessory: 7a. Deprivation of the right to drive motor vehicles for a maximum period of two years.
8. Deprivation of the right to use any kind of weapons to a maximum time of two years.

9A. Deprivation to enter certain premises or public places. This measure can be imposed as an accessory in all offences committed in a type of local or particular public place or in connection with these sites. Has the same duration as the main measure or, in any case, may not exceed two years.
c) replacements: 10a. The Court, taking into account the type, the severity of the crime and especially the personality and circumstances of the child, can replace, in whole or in part, the main disciplinary measures internally to one of the other main disciplinary measures or to one or more of the provided as accessory or disciplinary as educational.
II. Educational Measures 1a. Track a particular medical treatment. This measure was aimed at minors who, because of their addiction to alcohol or other drugs, or significant dysfunction of your psyche, need to continue outpatient therapy program. The maximum duration of this measure is three years.
2A. Probation with educational assistance. The minor must comply with a program of socio-educational activities, as well as the rules of conduct established in each case, under a close surveillance, for a maximum period of two years and a minimum time of six months.
The competent Department of the Ministry in charge of Justice carries out functions of assistance and control, and promotes the child's participation in activities that promote their education. To this end, it coordinates with public and private institutions with the capacity to adequately under.
The competent Department of the Ministry in charge of Justice presents a report every three months on the Mayor and the public prosecutor about the evolution of the child's behavior and on compliance with the rules of conduct that is required to observe.
3A. Foster care by another person, a family or a welfare institution. With the application of this measure will try to provide at least an atmosphere of positive socialization, through your stay during a period of time determined by the Mayor, with a family other than his or in an institution. In foster care, the mayor decides the family they consider most appropriate, among which have been previously selected by corresponding services of the general administration.
The competent Department of the Ministry in charge of Justice ensure the child receives, during the time you are subjected to this measure, education and proper care that require their age and condition.
In this way, regularly monitors the evolution of the minor and made every three months a report for the judge and the public prosecutor's Office about his situation and the expediency of continuing with the measure imposed.
4A. Admonition. The Mayor of minors manifesting for concrete and clear the reasons which make intolerable the fact committed by the minor, exposes the consequences that have had or could have for him and for the victim and formulates recommendations for the future. "
Second 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 for the modification of the code of criminal procedure, of 10 December 1998, and the consolidated text of the law of the jurisdiction of minors , a partial modification of the penal code and the qualified law on Justice of 22 April 1999, including the changes introduced so far in these two laws.
Third final provision This law comes into force the day after being published in the official bulletin of the Principality of Andorra, with the exception of articles 1, 2, 16, 22 to 24, 26, 27, 31 to 33, 35, 38, 40 to 45, 46, 48 to 64 and 66, which enter into force after six months of the publication of this law.
Casa de la Vall, July 24 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