Law 18/2013, Of 10 October, Qualified For The Modification Of The Penal Code

Original Language Title: Llei 18/2013, del 10 d’octubre, qualificada de modificació del Codi penal

Read the untranslated law here: https://www.bopa.ad/bopa/025051/Pagines/82136.aspx

Law 18/2013, of 10 October, qualified for the modification of the penal code since the General Council in its session of October 10th, 2013 has approved the following: statement of reasons on November 14, 2012 saw the last modification of the penal code, which was following, as it said in its preamble, to the adequacy of the punitive to the recommendations of Greco (Group of States against corruption) , which is part of the Principality, collected in the assessment report of third cycle about Andorra, and the expected signing and subsequent ratification of the Optional Protocol to the Convention on the rights of the child related to the sale of children, child prostitution and the use of children in pornography, adopted in New York on 25 May 2000, as well as the agreement of the Council of Europe on the protection of minors against exploitation and sexual abuse signed in Lanzarote on 25 October 2007.

They also took advantage of the occasion to introduce certain modifications, this time recommended by Moneyval in the area of fight against financing of terrorism.

Continuing in this vein, today will modify and create other articles of greater importance following certain recommendations that made the Moneyval in its fourth assessment report, of 8 March 2012, and affecting mainly the treatment of the figure of the laundering of money or securities, the manipulation of markets and the use of insider information.

The type of money laundering of money or securities has been modified and expanded both in relation to the typical behaviours, such as in relation to the active subject of the type, such as, finally, in relation to the crimes that may cause it. The adaptation to international agreements, in particular the United Nations Convention against the illicit traffic of narcotics and psychotropic substances of 1988, known as the Vienna Convention, and the United Nations Convention against transnational organized crime, known as the Palermo Convention, have led to the inclusion of certain behaviors that are not expressly raised in the type. There have also been significant changes in the area of autoblanqueig, in faded the exclusion of punició in relation to the conduct of conversion and transmission, so now punishes the conduct of the perpetrator of the crime and maintaining the exclusion in relation to the conduct of acquisition, use and possession, as well as the concealment or disguise in order to respect the principle of non bis in idem and the right not to be autoinculpar. Finally the list of crimes of money laundering has been considerably augmented, following the recommendations of the Moneyval and the list of categories of offences defined by the FATF (Financial Action Task Force).

With regard to the manipulation of markets and the use of insider information, has proceeded to create two new types of criminal behaviour, given that these behaviors were not so far collected in the Andorran Criminal Code. So we find, on the one hand, the crime of use of insider information, which punishes the use or disclosure of privileged information relating to financial instruments to take a profit and that completes the other use of insider information that comes from an authority or an official. On the other hand, includes the crime of market manipulation, which punishes the conduct of operations and the dissemination of rumors or false or deceptive information aimed to manipulate a market to extract profit. The addition of these two new types in our legal system allows to accomplished response in the field of international criminal cooperation. Also there have been new changes in relation to the sexual freedom of children in accordance with the provisions of the agreement of the Council of Europe on the protection of children against exploitation and sexual abuse, made in Lanzarote on 25 October 2007, affecting behaviours related to prostitution and pornography. Also there have been certain changes in compliance with the provisions of the agreement of the Council of Europe on the prevention and the fight against violence against women and domestic violence, done in Istanbul on 11 May 2011, related to offences against the integrity, the freedom, the sexual freedom of women and family relations. Not only extends the jurisdiction of our courts to our residents, while so far extended only to those national merits of the principles of active and passive personality, but also new figures such as harassment or sexual harassment.

In addition, the agreement of the Council of Europe on the cibercriminalitat, done in Budapest on 23 November 2001, has forced them to punish certain preparatory acts of crimes against the privacy or property committed by means of computer science.

Equally, we have modified some articles related to the currency in order to incorporate into the penal code the provisions of the framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other, against counterfeiting in connection with the introduction of the euro and framework decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of means of payment other than cash, both included in the Annex of the monetary Agreement signed between the Principality of Andorra and the European Union on June 30, 2011.

Finally, the judicial operators have brought their contribution proposing functional modifications have led to the disappearance of certain unusual criminal contravencions fortunately in this country or that, even given some time, found better solution in the field of civil or administrative, to realize the principle of least intervention that governed the criminal law.

Despite the extent of the modification that today it operates, international relations and the need to fight crime and the new media you use, both in the Principality and abroad, do not allow us to conclude that with this modification must be given legal certainty and stability for a long time in terms of criminal offences. As much as this is the desire of the legislator, the reality and circumstances show that the criminal policy that had remained immutable in time immemorial today pursues the social change that occurs without a break and must fit on a regular basis and continuous.

Article 1 amendment to paragraph 6 of article 8 modifies paragraph 6 of article 8 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows:


"6. Andorran criminal law) applies to all criminal infringement consummated or attempted outside the territory of the Principality of Andorra when an international agreement does not attribute competence to Andorran jurisdiction.

b) On the merits of the agreements and in relation to the offences mentioned in the following letter, the Andorran criminal law also applies to criminal offences intentades or consumades outside the territory of the Principality of Andorra for a foreigner legally resident in the Principality, or when the victim is a foreigner legally resident in the Principality.

c) in the cases provided for in the agreements and in relation to the offences mentioned in the following paragraph, the requirements of the letters a and c of paragraph 4 are not applicable when the person responsible for the infringement is an Andorran national, a foreigner legally resident or a non-resident who is located in Andorra and cannot be extradited by reason of their nationality.

d) The agreements and the violations to which they refer the preceding paragraphs are as follows:-the agreement of the Council of Europe on the protection of children against exploitation and sexual abuse, made in Lanzarote on 25 October 2007, related to offences against the sexual freedom of children.

-The agreement of the Council of Europe on the prevention and the fight against violence against women and domestic violence, done in Istanbul on 11 May 2011, related to offences against the integrity, the freedom, the sexual freedom of women and family relations. "

Article 2 amendment to paragraph 7 of article 30 modifies paragraph 7 of article 30 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "7. Recidivism. There are recidivism when, at the time of committing the offence, the guilty have been sentenced by a firm sentence for a crime that you have specified a penalty greater than or equal, or for various offences although have indicated a lower penalty. In any case only generate recidivism offences included in the same name and that are of the same nature. Criminal record will not be taken into account when the legally established conditions for the rehabilitation of the inmate.

In the crimes of drug trafficking, hijacking, illegal selling of weapons, those related to prostitution, of terrorism, of counterfeiting, money laundering and all crimes committed in the form of organized crime, and are mentioned in the letter of paragraph 6 of article 8, the background for condemnation abroad for constituent facts of the same crimes stipulated in this code have to equate the national record for the application of this circumstance. "

Article 3 Amendment 38 article modifies the article 38 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 38.

Additional penalties for crimes 1. In the main crimes the Court can impose the additional penalty of temporary or definitive expulsion of the condemned person of foreign nationality.

In the major and minor offences the Court may impose the additional penalty of temporary or definitive confiscation of the weapon permit, hunting or fishing license and/or work for the benefit of the community, up to a maximum of two years if it is a felony and one year in the case of a misdemeanor.

2. In the event that they have connection with the crime committed the Court may impose, for a period not exceeding ten years in case of felony, or 3 years in the case of minor crime or for a period not exceeding that of the more severe penalties imposed if they were major of longer duration, one or more of the following penalties : a) Disable for the exercise of public rights, of public, of family, of the trade or the post.

b) Suspension for the exercise of public rights, of public, of family, of the trade or the post.

c) Deprivation of driving license.

d) Prohibition to issue cheques or to use credit cards.

e) ban on contract with the public administrations.

3. On offences against the life, physical and moral integrity, sexual freedom, and the crimes of threats, taking into account the relationship between the culprit and the victim and the need for protection of the victim or of a third party, the Court may impose the additional penalty of prohibition of contact with the victim, up to a maximum of twelve years in the case of felony and six years in the case of misdemeanor.

4. in the major and minor offences that are not scheduled as a primary penalty of fine, the Court may impose the additional penalty of fine, provided you have relationship with the offence committed, with the following limits: a) in the case of felony, up to 150,000 euros or up to twice the value of the thing paid once, of the damage caused , of the damage caused or the benefit obtained or who intended to steal, or caused by, respectively, with the Commission of the crime, if it was higher.

b) in the case of misdemeanor, up to 30,000 euros or as much of the value of the thing paid once, of the damage caused, the damage caused or the benefit obtained, or that it was intended to avoid, respectively, cause or get with the Commission of the crime, if it was better. "

Article 4 Modification of article 49 article 49 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 49.

Work for the benefit of the community worth of work for the benefit of the community consists of the provision of public utility services, paid not in favor of the State, other public entities, associations or foundations. In any case requires the prior written consent of the condemned.

The Court must fix the type and conditions of work, bearing in mind that its purpose is the social rehabilitation of sentenced and not the satisfaction of economic interests.

The daily duration must be from two to eight hours. However, if the condemned carries out a professional activity or paid labour, the diet of the periods of work must be fixed by the Court in a way that does not harm the working day of the condemned or exceed the maximum of overtime hours allowed by law.

The convicted should be discharged to the Caixa Andorrana de Seguretat Social applies the regulations on safety and health at work. "

Article 5 amendment of paragraph 1 letter d of the article 71 modifies paragraph 1 letter d of the article 71 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows:


"d) Fine to the society, association or Foundation, in the case of Commission of crimes against sexual freedom, against the socio-economic order, the security of legal corruption, traffic, traffic of influences, terrorism and the financing of terrorism and laundering of money or securities, of up to 300,000 euros, or up to quadruple the benefit obtained or that it was intended to get with the Commission of the crime If it was higher. The Court determines the extent of the fine according to the gravity of the infringement, the heritage of the society, association or Foundation and the impact on the service providers and the rights of workers. "

Article 6 Amendment of article 114 article 114 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 114.

Abuse in the domestic 1. The who exercise physical violence or the psychic who is or has been your spouse or the person with whom hold or have held a similar relationship or about ancestors, descendants, brothers own or of that person, or any other person subject to guardianship of the one or the other, or with which they live, should be punished with imprisonment up to two years , without prejudice to the penalties that correspond by harmful result if you have caused.

The penalty has been imposed on their top half when the conduct has been on a minor or against a minor.

2. The capital punishment should be imprisonment of three months to three years when you give one of the circumstances set out in point 2 of article 113, without prejudice to the penalties that the result were caused. "

Article 7 creating the article 139 bis Will create a new article 139 bis of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 139 bis.

The harassment who, with the intention of instil·lar to a person a feeling of fear for his safety, adopts repeatedly and regularly, directly or indirectly, a threatening behavior towards her or the people of their environment should be punished with imprisonment up to one year or for my arrest.

The penalty has been imposed on their top half when the conduct has been on a minor or against a minor. "

Article 8 Amendment of article 143 bis modifies the article 143 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 143 bis.

Aggravating circumstance In the crimes stipulated in this chapter constitutes a circumstance aggravating the fact that the victim is one of those defined in article 114, or that the victim is a minor or has been committed the crime in his presence. "

Article 9 amendment of paragraph 1 letter b of article 146 modifies paragraph 1 letter b of article 146 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "(b)) said that the culprit or is ascending, descending or brother of the victim or a person who performs, in fact or in law family, authority over it. "

Article 10 Amendment of article 147 modifies the article 147 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 147.

Sexual acts without consent 1. The who performed a sexual behavior with a person under fourteen years of age or of private sense, unaware or unable to oppose resistance, or abuse their disability, should be punished with imprisonment of three months to three years.

2. When the fact consists of carnal vaginally, anally or orally or introducing objects or body members for one of the first two tracks, should be punished with a prison sentence of three to ten years.

3. If the author lives or is ascending, descending or brother of the victim or is a person who plays or of law family authority over it, or if the victim is particularly vulnerable by reason of age, illness or situation, the penalty must be from two to seven years in prison in the case of the first section and six to fifteen years in prison in the second section.

4. The attempt is punishable in all cases. The proposition by means of information and communication technologies of an encounter with a child under 14 years old in order to commit the violation described in paragraph 1 of the present article is considered attempt if the proposition has been followed by material acts leading to such a meeting. "

Article 11 Amendment of section 1 of article 148 modifies section 1 of article 148 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "1. the who performed a sexual behavior with a person over fourteen and under eighteen years of age with prevalence of authority, of superiority, with abuse of confidence or of a situation of need or dependence should be punished with a prison sentence of three months to three years. "

Article 12 amendment of paragraph 1 of article 149 modifies the paragraph 1 of article 149 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "1. the who performed a sexual behavior with a person of legal age with prevalence of authority, of superiority, with abuse of confidence or of a situation of need or dependence , should be punished with imprisonment up to one year or arrest. "

Article 13 of the article 149 bis Will create a new article 149 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 149 bis.

Sexual harassment-who adopts a behaviour of sexual character, verbal, non-verbal or physical, against a person, not wished for this person, you have to order or to the violation of their dignity, in particular when this behavior creates an environment that is intimidating, hostile, degrading, humiliating or offensive, should be punished with penalty of arrest. "

Article 14 Amendment of article 151 modifies the article 151 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 151.

Favour of prostitution 1. Whoever recruits for prostitution, promotes, facilitates or encourages the prostitution of others should be punished with imprisonment of three months to three years.

2. In the case of child prostitution or the victim is a person vulnerable for reasons of illness or physical or mental deficiency, it has imposed prison sentence of two to five years. If the fact is committed by holders of parental authority or guardianship, the penalty has been imposed on the top half.


3. If the offence is committed in the framework of an organized group, the maximum limit of the penalty provided for may be increased in the half.

4. The attempt is punishable in all cases. The proposition by means of information and communication technologies of an encounter with a child under 14 years old in order to commit the violation described in paragraph 1 of this article is considered to be attempted if the proposition has been followed by material acts leading to such a meeting. "

Article 15 Amendment of article 152 article 152 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 152.

Pimping 1. The who, through violence or intimidation, or abuse of authority, of superiority, of confidence, of a situation of need or dependency, or with enough deception, determine someone into prostitution or to continue so doing should be punished with a prison sentence of two to five years.

The attempt is punishable.

2. In the case of child prostitution or the victim is a person vulnerable for reasons of illness or physical or mental deficiency, it has imposed prison sentence of three to ten years. If the fact is committed by holders of parental authority or guardianship, the penalty has been imposed on the top half.

If the offence is committed in the framework of an organized group, the maximum limit of the penalty provided for may be increased by half.

The attempt is punishable. The proposition by means of information and communication technologies of an encounter with a child under 14 years old in order to commit the violation described in paragraph 1 of this article is considered to be attempted if the proposition has been followed by material acts leading to such a meeting. "

Article 16 Creation of article 154 bis Will create a new article 154 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 154 bis.

The concept of child prostitution for the purposes of this chapter, child prostitution is understood to be the fact of using a minor person in order to perform sexual activities, offering or promising money or any other form of remuneration, pay or advantage, whether the remuneration, payment or promise is made to the same minor as to a third party. "

Article 17 Amendment 155 article modifies the article 155 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 155.

Use of minors and incapable for pornography 1. Who captures images of a minor or unable to with the intention of producing pornographic material should be punished with a prison sentence of a maximum duration of two years.

The attempt is punishable.

2. The person who recruits, uses a minor or unable to pornographic purposes or Exhibitionists or encourage the participation, and who produce, purchase, sell, import, export, distribute, disseminate, give or exhibit by any means pornographic material in which appear images of minors engaged in explicit sexual activity, or with appearance of reality, or any representation of the sexual parts of a child for primarily sexual , should be punished with a prison sentence of one to four years.

The attempt is punishable. The proposition by means of information and communication technologies of an encounter with a child under 14 years old in order to commit the violation described in paragraph 1 of this article is considered to be attempted if the proposition has been followed by material acts leading to such meeting.

3. who provides, owns, try for himself or for another, or access through any information or communication technology to pornographic material in which appear images of minors engaged in explicit sexual activity, or with appearance of reality, or any representation of the sexual parts of a child for primarily sexual , should be punished with a prison sentence of a maximum duration of two years.

The attempt is punishable.

4. who attend pornographic shows where Act a minor or unable should be sentenced with imprisonment of a maximum duration of two years.

5. When the guilty of any of the offences provided for in this article to obtain an economic advantage, in addition to the penalties provided for must be imposed fine of a maximum amount of 30,000 euros. "

Article 18 amendment to paragraph 1 of article 157 modifies the paragraph 1 of article 157 of Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "1. the who directly sell, disseminate or exhibits pornographic material to minors or unable to abuse her inability should be punished with a prison sentence of a maximum duration of two years and a fine of up to 6,000 euros or both twice the benefit obtained or that it was intended to get.

The attempt is punishable. "

Article 19 Amendment 158 article modifies the article 158 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 158.

Special circumstances mitigating responsibility 1. Without prejudice to the provisions of the second paragraph of article 56, special aggravating circumstances are in relation to the behaviors described in this title: a) the offence has led to a serious attack on the physical or mental health of the victim.

b) That the offence has been preceded or accompanied by physical abuse or serious physical or psychological violence.

c) Be the sufferer especially vulnerable by reason of age, illness, disability or situation. In any case it is considered that the victim is particularly vulnerable by reason of his age when it has an age of less than fourteen years.

d) that the culprit is or has been a spouse or person with whom hold or have held a similar relationship, they live together or be ascending, descending or brother of the victim or a person who performs in fact or in law the family authority over it.

e) that the conduct has been with abuse or prevalence of authority, of superiority, of trust or of a situation of need or dependency.

f) run done in groups, concurring in it two or more people.

g) if the offence is committed in the framework of an organized group.

h) recidivism.

2. On the crimes of aggression and sexual abuse the pardon of the offended not terminated the action or criminal liability. "

Article 20 modification of the third chapter of title VIII of book two


Modifies the title of the third chapter of title VIII of book second of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "the third Chapter. Bigamy and unauthorised marriage "Article 21 creating the article 171 bis Will create a new article 171 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows:" Article 171 bis.

Unauthorised marriage who forced a person to marry against their will or without the need to be punished with imprisonment up to two years.

The attempt is punishable. For this purpose, it is understood by the attempt made to provoke cheating on a person in order to remove it from the State where he lives and with the intention of forcing her to marry.

It is aggravating circumstance the fact that the culprit is or has been a spouse or person with whom hold or have held a similar relationship, they live together or be ascending, descending or brother of the victim or a person who performs or family authority law about it. "

Article 22 Amendment of the article 182 Will create a new section in the article 182 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 182.

The discovery of secrets 1. The who to discover the intimacy of another without his consent seize papers, cards or any other documents or personal effects should be punished with imprisonment of three months to three years.

The attempt is punishable.

2. The who with the same purpose, by any means or procedure and breaking the security measures designed to prevent it, access without authorization to all or part of a computer system should be punished with the same penalty.

The attempt is punishable. "

Article 23 Amendment 214 article modifies the article 214 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 214.

Privileged appropriation who, for profit, appropriated something extraneous piece of lost, or unknown owner, or who possesses by mistake or from sending, should be punished with penalty of fine up to three times the value of the appropriate thing, if this value is greater than 3,000 euros.

In the case of things historical, artistic or cultural value, or of special significance for the scientific development or technology, the punishment should be imprisonment up to two years or for my arrest. "

Article 24 Amendment of article 226 article 226 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 226.

Attempt 1. The attempt of the offenses included in this chapter is punishable.

2. It is considered tentative sale, distribution, dissemination or any other form of provision of passwords, access codes or similar computer data that allow access in whole or in part in a computer system with the intention of being used for the Commission of a crime of computer damage or an offense of discovery and disclosure of secrets. "

Article 25 Deletion of article 242 Is repealed and no content in article 242 of the law 9/2005, of 21 February, qualified of the criminal code.

Article 26 Amendment of article 243 article 243 of the Act is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 243.

Fraudulent use of credit card 1. The use, without authorization, a credit card or debit card to a value higher than 3,000 euros should be punished with imprisonment of three months to three years.

2. The use, without authorization, a credit card or debit card to a value not exceeding 3,000 euros should be punished with imprisonment up to one year or arrest.

3. The above is applicable the excuse of absolution in the case of kinship of the article 227.

4. The Court may convict, whenever appropriate, to compensation of damage caused by improper use of the card, unless you opt for this issue to be resolved by the civil courts. "

Article 27 the article 247 bis Will create a new article to the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 247 bis.

Use of inside information Who intentionally, directly or via interposed person, use or disclose to third parties not authorized to know the insider information concerning financial instruments in which you have had access in the exercise or by reason of their profession or their position, scoring a profit greater than or equal to 600,000 euros or causing a prejudice to the same amount , should be punished with imprisonment of three months to three years, fined up to double the benefit obtained or the damage caused and disqualification for the exercise of the trade or the post up to six years.

The attempt, incitement and conspiracy are punishable. "

Article 28 Creation of article 247 article 247 ter ter is added to the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 247 ter.

Manipulation of the market Who intentionally, directly or through a person interposed and unlawfully, perform operations or spread rumors or false or misleading information, that may provide false or misleading indications about the supply, demand or price of financial instruments, or perform operations that ensure the price of these instruments in abnormal or artificial level, scoring a profit equal to or greater than 300,000 euros or causing a prejudice to the same amount , should be punished with imprisonment of three months to three years, fined up to double the benefit obtained or the damage caused and disqualification for the exercise of the trade or the post up to six years.

The attempt, incitement and conspiracy are punishable. "

Article 29 Amendment of article 284 article 284 of the Act is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 284.

Privileged type 1. Consumption, the introduction or possession of toxic drug for personal use shall be punished with imprisonment up to one year or for my arrest. The Court may impose, in addition, fine penalty up to 1,200 euros.

2. When the consumption is made public on local worth must be imprisonment up to two years and fine up to 1,800 euros.


3. The person who sells or provides illicitly in a person of legal age a small amount of toxic drug should be punished with imprisonment of three months to three years. If it's cannabis or other drugs of similar toxicity the tax penalty is imprisonment up to one year or for my arrest.

Excepts the transfer to one person for consumption with this, they must be punished with the penalty stipulated in the preceding paragraph. If it's cannabis or other drugs of similar toxicity the tax penalty is provided for in the second paragraph of the article 500.

4. The attempt is punishable. "

Article 30 Amendment of article 340 modifies the article 340 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 340.

Crime against the feelings towards the deceased who profani or ultratgi a burial, a corpse or his remains, the ashes or the funerary urn or the space that will serve for the same purpose, shall be punished with imprisonment up to one year. "

Article 31 Amendment 409 article modifies the article 409 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 409 money laundering or securities 1. Who convert or transmit money, goods or values that come from any malicious activity that has brought a prison sentence the minimum limit that is greater than six months, or any offense related to prostitution, to the intellectual and industrial property, use of insider information, in the manipulation of the market, to human trafficking for labour exploitation in the illegal traffic of toxic drugs, the environment and natural resources, the illicit associations, to the concussion and the illegal charges, to corruption and traffic of influences or the falsity of document, knowing its origin, with the purpose to conceal or disguise its illicit origin or to help anyone who has participated in the Commission of the offence to evade the legal consequences of their actions , should be punished with a prison sentence of one to five years and fine up to three times the value.

2. who by grave recklessness perform the behaviors described in the previous paragraph shall be punished with a penalty of up to a year in prison.

3. With the same penalties provided for in paragraph 1 must be punished who intentionally: a) to acquire, own or use money, goods or values knowing, at the time of receiving them, which are the product of any of the offences in the previous section, without having participated in the Commission of that prior offense;

b) obscure or encobreixi the true nature, origin, location, movement or ownership of money, goods or values, or legitimate rights on these, knowing that are the product of any of the offences in the previous section, without having participated in the Commission of that crime before.

4. Attempt, conspiracy and incitement are punishable. "

Article 32 article 430 Modification modifies the article 430 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 430.

The concept of currency for the purpose of this section is considered currency: 1. The metal coin and paper money of legal tender in the Principality of Andorra or in any other foreign country.

2. Should also be considered a metal coin coin and paper money that have not yet been issued but are intended for circulation and are legal tender.

3. It also has to be considered the instrument of payment currency, understood as all instrument material, legal tender currency few novels, which by their nature would allow specific, by himself or together with another instrument, the holder or the user to send money or a monetary value and is protected against imitation or fraudulent use, by means of the type of paper or printing the design, a code, a signature or any other element aimed to prevent or hinder its falsification, imitation or fraudulent use. "

Article 33 Amendment 431 article modifies the article 431 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 431.

Creation and implementation of circulation coin inautèntica 1. Should be punished with imprisonment from one to eight years and fine up to three times the value of the currency: a currency) who makes inautèntica. For the purpose of this section is considered also the inautèntica coin made in installations or illicit materials, but without the due authorization.

b) Who alters currency has already been issued with an apparent value variant or dispelling signs of unusability.

The attempt is punishable.

2. who, with knowledge of your inautenticitat, put the coin in circulation should be punished with a prison sentence of one to four years and fine up to three times the value of the currency.

The attempt is punishable.

3. Should be punished with a penalty of three months to three years in prison and fines up to twice the apparent value of the coin who, without having participated in the behaviors described in the first and second sections, receive, will try to, import, export, transport, relays or owns the inautenticitat meeting currency, in order to put it or that is put into circulation.

4. who performs any of the conduct set out in the previous sections should be punished, in the case of the first section, with a penalty of imprisonment from three to twelve years and fine up to sextuple the apparent value of the currency; in the case of the second section, with a prison sentence of three to eight years and fine up to sextuple the apparent value of the currency, and in the case of the third section, with a prison sentence of two to five years and fine up to quintuple the value of the coin, when there is a situation where any of the following circumstances : in) When the author belongs to an organization dedicated to the creation, or the circulation of altered currency.

b) When engaged on a regular basis in these activities.

c) When the amount of currency to be inautèntica enough to destabilize the economic system of the country.

5. who, having received counterfeit currency without having knowledge, put into circulation after its inautenticitat, it should be punished with arrest and fine up to twice the apparent value of the coin, when there is a situation where any of the following circumstances: a) in the case of an amount superior to 600 euros.

b) that will act as a group. "

Article 34 Amendment 432 article modifies the article 432 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 432.


Preparatory acts punishable the manufacture, transfer, sale or possession of instruments, materials, substances, machinery, computer programs, equipment or other tools, specifically aimed at the preparation of inautèntica currency or alteration of currency has already been issued, must be punishable with imprisonment up to two years as long as it may arise from a risk for the monetary traffic. "

Article 35 Amendment 476 article modifies the article 476 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 476.

Child abuse and fraudulent behaviour injury 1. Who maltracti bodily so slight or physically agredeixi a person must be punished with penalty of arrest or fine up to 6,000 euros.

2. The same penalty shall be punished who occurs to a person an injury is not defined as a crime by this code.

3. The attempt is punishable. "

Article 36 Amendment 478 article modifies the article 478 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 478.

Mild threats and constraints 1. A person who causes a mild character constraint should be punished with penalty of arrest or fine up to 3,000 euros.

2. The who, outside the cases envisaged in this code as a crime, a person threatens to cause a bad establishing penal contravention or misdemeanor, or esgrimeixi weapons or dangerous instruments in a row, should be punished with penalty of arrest or fine up to 3,000 euros.

3. those who make phone calls, send e-mails or electronic messaging, so settled with the purpose of causing uneasiness, anxiety or fear in a person must be punished with penalty of arrest or fine up to 3,000 euro. "

Article 37 Modification of article 479 modifies the article 479 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 479.

Libel defamation against those Who commit minor a person without seriously against your self esteem or reputation should be punished with penalty of arrest or fine up to 3,000 euros.

For the pursuit of defamation should, in any case, complaint of the person offended by the crime or of the legal representative. Are also applicable to these criminal contravencions the provisions set out in articles 174 to 181 of this code. "

Article 38 Amendment 482 article modifies the article 482 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 482.

Defraudacions 1. Who commits fraud or the great scam of the article 211 to value not exceeding 600 euros should be punished with penalty of arrest or fine up to twice the pecuniary damage caused.

2. In the same way should be punished who commit computer fraud worth no more than 600 euros.

3. One who makes defrauding in the use of fluids or telecommunication systems to value not exceeding 600 euros should be punished with penalty of fine up to twice the damages caused.

4. The one who commits misappropriation or unfair management for value not exceeding 600 euros should be punished with penalty of arrest or fine of up to twice the value of the thing or of the damage caused.

5. The attempt is punishable. "

Article 39 article Deletion 485 emblems and no content in article 485 of the law 9/2005, of 21 February, qualified of the criminal code.

Article 40 article Deletion 487 emblems and no content in article 487 of the law 9/2005, of 21 February, qualified of the criminal code.

Article 41 Deletion of article 488 emblems and no content in article 488 of Act 9/2005, of 21 February, qualified of the criminal code.

Article 42 Amendment 499 article modifies the article 499 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 499.

Individual consumption, cultivation, possession or introduction of toxic drug for personal use or consumption by the cultivation, the introduction or possession of cannabis or a similar toxicity drug for personal use must be punished with penalty of arrest or fine up to 600 euros. "

Article 43 Amendment 501 article modifies the article 499 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 501.

Abandonment of syringes or dangerous objects who abandoned in public places syringes or other dangerous objects, so that they can lead to spread of diseases or other damage to the people, should be punished with capital punishment works in benefit of the community or fine up to 600 euros. "

Article 44 Amendment 511 article modifies the article 511 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 511.

Abuse of part 1. The who, without incurring the crime stipulated in the letter b of point 1 of article 209, Sue civilly a physical or legal person pretending to be unaware of the home for the purpose of placing it in a State of vulnerability should be punished with penalty of arrest or fine up to 3,000 euros.

2. If the head is a lawyer or solicitor, shall impose, in addition, the penalty of suspension for the exercise of the trade or the charge up to six months. "

Article 45 Amendment 514 article modifies the article 514 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 514.

The illegal games who organize or participate in illegal games should be punished with penalty of arrest or fine up to 3,000 euros.

The attempt is punishable. "

Article 46 Amendment 515 article modifies the article 515 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 515.

Perseguibilitat The criminal contravencions provided for in article 477 and all of title II are prosecutable only with prior denunciation of the offended party or legal representative. "

Repealing provision Is repealed the law 14/2010, of the 13 of may of the legal regime of the banking entities and basic administrative regime of the operating entities of the financial system.

First final provision introduces the following changes to the law 8/2013, on 9 may, on the organisational requirements and operating conditions of the operating entities of the financial system, the protection of the investor, market abuse and financial collateral agreements, which are worded as follows: 1. article 51 is worded as follows: "Article 51.

Sanctioning procedure


1. the disciplinary procedure will apply in accordance with the provisions of the law regulating the disciplinary regime of the financial system, of 27 November 1997.

2. The exercise of sanctioning powers referred to in this chapter is independent of the eventual concurrence of offences or criminal contravencions.

However, when you are planning a criminal process where they appreciate identity of subjects and facts, the disciplinary procedure is suspended in respect of the same subject and facts until until firm pronouncement of the judicial authority.

3. Once restarted the sanctioning procedure, cannot punish pecuniàriament in accordance with this chapter, the behaviors that have been criminally when they appreciate identity of subjects and facts. "

2. The transitional provision is drafted as follows: "The transitory provision obligations established in articles 46 and 47 of the fourth chapter are applicable within three months of the entry into force of this law."

Second 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 9/2005, of 21 February, Andorran criminal code including all modifications provided to date.

Likewise, delegates the Government because, within a maximum period of one month from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra the corresponding text containing the law 8/2013, on 9 may, on the organisational requirements and operating conditions of the operating entities of the financial system, the protection of the investor , market abuse and financial guarantee agreements including all modifications provided to date.

Third final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 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.

François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra