Law 19/2013, Of 10 October, Qualified For The Modification Of The Code Of Criminal Procedure

Original Language Title: Llei 19/2013, del 10 d’octubre, qualificada de modificació del Codi de procediment penal

Read the untranslated law here: https://www.bopa.ad/bopa/025051/Pagines/82132.aspx

Law 19/2013, of 10 October, qualified for the modification of the code of criminal procedure since the General Council in its session of October 10th, 2013 has approved the following: Law 19/2013, of 10 October, qualified for the modification of the code of criminal procedure reason on 24 November 2011 the General Council approved the ratification of the monetary Agreement between the Principality of Andorra and the European Union that allows Andorra officially adopted the euro as legal currency and issue their own coins intended for circulation and to the collection. The monetary Agreement is accompanied by an annex which relates the European legal provisions that the Government must implement in accordance with the schedule agreed by Andorra and the European Union concerning the prevention of the laundering of capital, the prevention of fraud and counterfeiting, the rules on banknotes and coins Euro, the banking and financial legislation and the collection of statistical information. Among these provisions 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.

Decision 2007/845/JHA provides that each Member State will create or appoint a national asset recovery agency in order to facilitate the tracking and identification of products related to the offense that could be the subject of a seizure or a comís.

The creation of an Office for the recovery of criminal assets should not entail any additional cost to the Administration using the existing structures. This law provides for the creation of this Police Office (ORA) and another asset management legal (OGA).

The Office of Asset Recovery (ORA) will be able to receive and send, in accordance with the European regulations 2007/845/JHA and 2006/960/JHA, lawsuits aimed at research and the location of assets of criminal origin. When the demands made by the offices the need to involve foreign counterparts a judicial authorization to obtain the data, the ORA must send to the competent judicial body. If the judicial or police authorities at any stage of the procedure want to locate the suspected criminal origin of assets abroad, can request prior to the ORA which makes a demand to its counterparts, which allows direct later rogatòries commissions in countries where there are active criminals to block them.

The management of assets of criminal origin involves a totally different skills and knowledge of the research of these same assets. To give more efficiency in the system and to make it viable it is essential to incorporate into our national legislation the sale of assets of criminal origin before that there is a firm ruling and its possible use by the forces in charge of fight against this type of crime. Now kidnap goods that may have an expiry date (tobacco and others) and that they should sell before trial, or who lose a lot of value during the course of the criminal proceedings and eventually have depreciated considerably the day that can be sold. With this legislative amendment will create an Office of criminal asset management (OGA) you will receive all the judicial decisions involving injunctive relief or ultimate real character and that too in channel management. This body will be responsible for executing judicial decisions ordering the return of the goods to homeowners, the compensation of the victims in the criminal sentence execution firm or the comís ultimate. The OGA will remove most suitable performance of criminal assets tied up and centralize in a single management body that now is so scattered.

Article 1 Amendment of article 116 of 116 article modifies the law 16/2008, of 3 October, qualified for the modification of the code of criminal procedure, of 10 December 1998, which is worded as follows: "1. In addition to ensure the possible civil liability, the Mayor must have by means of a summons motivated the embargo and the kidnapping, during the processing of the previous steps or the summary , of all funds on which there is evidence enough to believe that goals are the product, directly or indirectly, of the offence, for the purpose of ensuring the fulfilment of comís and comís by equivalent provisions to article 70 of the penal code. You can also garnish wages or hijack the goods and rights belonging to a third party not responsible, unless this third are acquired legally in accordance with the provisions of articles 119 and 120.

2. For the purposes of this article, it is understood by the financial assets; the goods of any nature, material or immaterial, movable or immovable, and legal documents or instruments in any form, titles, even the electronic or digital, that certify the right of property or an interest in the same property, especially, but not exclusively, the belongings and bank credits, the traveller's cheques, bank cheques, payment orders , the actions, the value, the bonds, letters of credit and change.

3. a) the Mayor must take the necessary provisions to ensure the conservation of the embargoed assets in good condition with their products and accessions and, if necessary, appoints an administrator.

b) Mayor and the courts be entrusted the preservation, administration and the development, where appropriate, of funds to the Judicial Office of asset management, the Organization, the functioning and the powers of which are determined by regulation. The monitoring and the identification of funds can be entrusted to the Asset Recovery Office of the police force, the Organization, the functioning and the powers of which are determined by regulation.

c) if it is money or financial products that are kept in a Bank, the judge or the Court may decide that they are deposited at the Institut Nacional Andorrà de Finances (INAF), with the corresponding previous settlement if it is financial products. The INAF has put at the disposal of the judicial authority, the amount deposited and the usual interests produced when required by this authority.


4. In the area of money laundering of money or securities or underlying offences that originate, via the corresponding aute motivated, the Mayor trainer can have exceptionally that cannot hijack or liened the property and rights, or defer the arrest or abduction, and authorize any operation, transfer or any alienation of any right which should be the subject of a further comís in order to identify the people involved or get the necessary testing, whenever there is a proportion of the interest of the investigation and the danger that the operation, the transfer or the transfer or the lack of attachment or sequestration can represent. "

Article 2 the creation of chapter IX, "execution of the accessory consequences" in title eighth creates a new chapter in title eighth, "enforcement of sentences", of the law 16/2008, of 3 October, qualified for the modification of the code of criminal procedure, of 10 December 1998, with the following title: "chapter IX. Execution of such consequences. "

Article 3 Creation of article 238 bis Will create a new article in law 16/2008, of 3 October, qualified for the modification of the code of criminal procedure, of 10 December 1998, with the following content: "Article 238 bis 1. The Office of asset management made the funds subject to certain comís in the sentence and the result is delivered to the public administration, which comes to its realization. If the funds are licit trade, the public administration can affect directly to any of its services or departments.

2. The Declaration of dissolution and the suspension of activities of the society, the Association or the Foundation must notify the appropriate register.

3. When the closing of the company and its premises or establishments leads to the cessation of the activity is authorized for administrative purposes is communicated to the appropriate register.

4. Similarly, it must notify the Government, in the Commons and parapublic entities the decision of deprivation of the right to enter into contracts with the Government.

First final provision is delegated the Government because, within a maximum period of three months from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra the corresponding text that gather law 16/2008, of 3 October, qualified for the modification of the code of criminal procedure, of 10 December 1998, including all modifications provided to date.

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, October 10, 2013 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