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Law 19/2012, from 11 October, amending the law 16/2008, of 3 October, qualified for the modification of the code of criminal procedure, the 10 of December of 1998 since the General Council in its session of October 11, 2012, has approved the following: Law 19/2012, from 11 October, amending the law 16/2008 , 3 October, qualified for the modification of the code of criminal procedure, of 10 December 1998 exhibition of illustrations and the adequacy of the criminal rules to international agreements signed or ratified by Andorra as well as to the recommendations of the Group of States against corruption (GRECO) have forced them to make a specific amendment of the penal code in certain articles in order to adapt the said rules to the needs of international recognition of our State , especially in the area of corruption and the financing of terrorism. Equally, we have demonstrated how necessary certain amendments to the criminal procedure code in order to adapt it to the treaties and recommendations mentioned above.
This law also includes other specific modifications of the code of criminal procedure in force, in order to complete and adapt the wording of some articles to make it safer in their application and more guaranteed fundamental rights of citizens.
Article 1 amendment to paragraph 1 of article 16 modifies the paragraph 1 of article 16 of the law for the modification of the code of criminal procedure, of 10 December 1998, amended by the law of international criminal cooperation and the fight against the laundering of money or securities of international crime, of 29 December 2000 , by law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure, by law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure and 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 (hereinafter Code of criminal procedure) , which is worded as follows: "1. The criminal action arising from offences or criminal contravencions referred to articles 158, 168, 193, 515, 179.2 232 and of the criminal code requires the prior complaint or the complaint of the offended person, his legal representative or the Prosecutor in the case, set, you will have to weigh the competing interests. The exercise of criminal action by the harmed carries the same requirements for the offences prosecutable ex officio referred to article 14 above.
These crimes, semi-public available character, forgiveness from the offended not terminated the action or criminal liability. "
Article 2 article 42 Modification modifies the article 42 of the code of criminal procedure, which is worded as follows: "Article 42 1. At the end of 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 of the present code.
c) ordered the opening gag, if the fact is the character of the crime, or inhibit it in favor of the Single Court of the Mayor, if it is considered criminal contravention.
2. If the Mayor instructor believes that the person is applicable to him encausada an excuse of absolution that the exemptions for criminal liability, can, after the previous report of the public prosecutor, issue summons motivated stating the lack of criminal responsibility and the practiced decreti file of the proceedings, without prejudice to civil liability derived from the facts, which must be resolved by the civil jurisdiction. Against the aforementioned decision you can make resource of appeal in accordance with the provisions of article 194. "
Article 3 Amendment 108 article modifies the article 108 of the code of criminal procedure, which is worded as follows: "Article 108 the term of provisional prison or provisional arrest with or without monitoring control may not exceed four months.
However, the competent judge may, by reasoned decision, to extend this period by the same time, after which they must agree on the mandatory parole in the case of minor offences. In the case of major crimes, and only with regard to the situation of temporary prison, the extensions are four months and there may be more than two. In the case of causes in a row for the crimes of murder, of murder, of torture, of slavery, aggression or sexual abuse, drug traffic, of abduction, of children, illegal traffic, traffic of weapons, of pandering, of terrorism, of the financing of terrorism, money laundering or securities, of Association to threaten the Principality or against the constitutional order and for the crimes against the international community, there is no a third overtime. At the request of the public prosecutor's Office and given the special gravity of the offenses persecuted, there is no a fourth extension of exceptional form.
In any case, the temporary prison term may not exceed half of the maximum sentence for the crime or crimes specified in the Criminal Code for which has been processing, taking into account the system of accumulation of penalties and the term of arrest may not exceed eight months.
Sending the case to the Court jutjador, the term of pre-trial may not exceed six months in the case of minor offences and 12 months in the case of major crimes from the notification of the summons to conclusion and, in any case, remember the mandatory provisional freedom when the period of temporary prison reaches half of the maximum sentence for the crime or the Criminal Code established for the crimes for which it has been processed taking into account the system of accumulation of penalties or, to that requested by the public prosecutor or by the prosecution in the writings of the respective provisional rating.
If the appeal period of remand may not exceed eighteen months from the notification of the sentence and, in any case, remember the mandatory provisional freedom when the period of temporary prison reaches the penalty imposed by the Court of first instance.
If the person's dementia affects the encausada that is in a situation of prison or provisional arrest after committing the crime, the judge or the Court must have membership in an appropriate establishment, which should come out when you get the medical discharge having previously informed the judicial authority, to continue in the same procedural situation above. The internally suspended the deadlines set for the prison and the provisional arrest, without prejudice that may be taken into account at a later date for the payment of the penalty of imprisonment or arrest. Against the decision to internally adopted by Mayor instructor or the Court can be lodged, in accordance with the provisions of articles 194 and 195, respectively and below. "
Article 4 modification of section a) of article 123 modifies section a) of article 123 of the code of criminal procedure, which is worded as follows: "to) the practice of proceedings sumarials who:-has not been possible to come in phase of instruction;
-have been denegades improcedentment despite having been proposed in phase of instruction;
-have been admitted and have not practiced due to causes not attributable to the applicant. "
Article 5 Amendment of section 2 of article 128 modifies the terms of paragraph 2 of article 128 of the code of criminal procedure, which is worded as follows: "2. When, checked the fact criminal, not appear with evidence available to determine the authors or accomplices."
Article 6 Amendment 132 article modifies the article 132 of the code of criminal procedure, which is worded as follows: "Article 132 Described the cause for prosecution, he moved to the parties because the period of fifteen days the prosecution and the civil actor, if this is the case, meeting the letter of qualification. The lack of presentation within the term referred to the withdrawal of the criminal action and the civil action in the criminal process with the loss of the quality of the part. After the deadline mentioned and moved the qualification of the prosecution and of the civil actor, proponents of the processed and the third parties legally responsible should formulate the corresponding qualification within a period of thirty days, accompanied by the corresponding copies to the public prosecutor and the other parts.
The rating's writings should be mentioned: 1. The events that are considered to be tested.
2. Their legal qualification.
3. People who are considered responsible for criminal proceedings, their degree of participation and the circumstances exemptions or amending of the criminal responsibility which affect them.
4. The acquittal or sentence that is requested, except in the case of the actor or the civil responsibility.
5. The people who are considered to be responsible for crime and civil liability of each internal rate.
6. civil claims made.
7. The evidence requested. "
Article 7 Amendment 133 article modifies the article 133 of the code of criminal procedure, which is worded as follows: "Article 133 until the time of the commencement of the sessions of the oral trial, at the request of the parties, may propose witnesses and joining the cause documents, reports and certificates as long as they have not been able to propose in advance or that correspond to items or circumstances sobrevinguts subsequent to the date of conclusion of the summary."
Article 8 Amendment 163 article modifies the article 163 of the code of criminal procedure, which is worded as follows: "Article 163 the crimes and the criminal contravencions can be judged by the Criminal Procedure Ordinance provided that the procedure does not follow, in addition to a felony.
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 execution of judgment, in which will determine those responsible for civilians, the degree of responsibility and the quàntums award. To guarantee the right to defence, in regard to misdemeanours, it has been attributed to the criminal responsible for trade lawyer if you are not named, and also, as long as they make sure to turn to the benefit of poverty, to any other person against which you run the civil action arising from the crime.
In case you make use of the 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 9 Amendment 194 article 194 article is modified of the criminal procedure code, which is worded as follows: "Article 194 Against the resolution of the batlle instructor who sort the file of the proceedings, dismissing 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 of the previous steps or the summary , who decreed the dismissal, which agrees or refuses the prison or parole, or any personal or economic preventive measure, 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 10 Amendment 198 article modifies the article 198 of the code of criminal procedure, which is worded as follows: "Article 198 The resource of appeal have suspensive effects in respect of the subject-matter of the same resource.
However, the condemned person is still in the same situation with regard to the temporary prison or the conditions that affect your parole, or with regard to the measures of actual insurance or liability, and at all times the court competent to understand the resource can modify this situation, ex officio or at the request of a party, and you can also take the appropriate provisional measures to guarantee the fulfilment of civil obligations that can be deduced , and agreed to provisions to the victim in accordance with the provisions of article 118.
In the case of several convicted criminally in a cause, the appeal of one does not affect the situation of the others, which are not considered distance part. "
Article 11 Amendment of article 200
Modifies the article 200 of the criminal procedure code, which is worded as follows: "Article 200 Brought the appeal, the Court which has handed down the decision against which covers the full range of competent court sends aunt, handing over a copy of the appeal to the public prosecutor and to the other parts, and the date because in the period of fifteen days to appear before the competent court.
Within the term of the appointment of the public prosecutor's Office and the other parties may oppose to the resource and the tests requested before the competent court. "
Article 12 Amendment of article 209 article 209 is modified of the code of criminal procedure, which is worded as follows: "Article 209 1. In the case of disqualification of freedom over a complete month in Andorra, the Court may, ex officio or at the request of the director of the prison, after their 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 in prison have been calculated on the firm penalty imposed.
2. The courts may 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 13 Amendment 224 article modifies the article 224 of the code of criminal procedure, which is worded as follows: "Article 224 The semillibertat lets people taken and condemned to house arrest with or without monitored control, out of the Prison or place of residence and without continuous monitoring during the day, working as employees either for its own account , follow a medical treatment or courses of studies or, with their agreement, to carry out works of public interest, with the obligation to return it after work or activity at the Prison or to your home, if you decide so the Court.
If you want to adopt control measures monitored need the prior consent of the person concerned. The telephone costs or of another kind were generated by the condemned person, except in the case that you do not have sufficient economic resources. "
Article 14 Amendment of article 230 article 230 is modified of the code of criminal procedure, which is worded as follows: "Article 230 The condemned person that, in the period of execution of judgment, have fulfilled 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 monitoring control , for a period equal to the duration of the penalty which is to accomplish, regardless of the provisions of article 229. This article also applies to people who have seen replaced the prison sentence for the firm of house arrest with or without control monitored in accordance with article 210.
Agreed the semillibertat by the Court pursuant to the present article or in article 229, and spent half of the envisaged deadline for the semillibertat, the Court shall, 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 courts can also grant probation to the person condemned, whether it has been pushed out as if you haven't been, when you have fulfilled the five sixths of the prison sentence imposed on the firm, or of the resulting rushing attempts after the application of 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. "
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 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, 11 October 2012 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, President of the French Republic of Andorra Co-prince Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra
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