Law 18/2012, From 11 October, Amending The Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 18/2012, de l’11 d’octubre, qualificada de modificació de la Llei 9/2005, del 21 de febrer, qualificada del Codi penal

Read the untranslated law here: https://www.bopa.ad/bopa/024056/Pagines/7B276.aspx

Law 18/2012, from 11 October, amending the law 9/2005, of 21 February, qualified of the penal code since the General Council in its session of October 11, 2012, has approved the following: law 18/2012, from 11 October, amending the law 9/2005, of 21 February, Andorran criminal code preamble The current Criminal Code was approved by the General Council on February 21 of 2005 and entered into force on 23 September of the same year. Later, already in the preamble of the modifications introduced in 2008, it was mentioned that certain specific changes followed in the anticipation of the ratification and entry into force of certain international treaties that Andorra had signed and to adapt to make the legislative body including also some limited modifications of the punitive body, collected in accordance with the recommendations of international organizations of which Andorra is part , in particular the Council of Europe.

This change is due, essentially, to the same motivations: recently the GRECO (Group of States against corruption), which is part of the Principality, approved in the plenary session the corresponding third-cycle assessment report on Andorra by making a series of recommendations that should be implemented in order to strengthen the fight against corruption from a regulatory point of view. Most of the changes introduced by this law obey the related recommendations.

As well, extending the concept of benefit in the bribe-before restricted to an advantage economically assessable-to any type of improper benefit and in this way extends the field of application of the criminal type. Equally, bearing in mind that the institutions of the authorship and induction authorship mediata already cover more to complete the punishment from the behaviors committed by particular (active corruption) in an indirect way or by person interposed – something that does not happen when the subject is a special subject (authority and official), because the provider does not enjoy this specialty, which is why already exists the forecast of performance per person interposed-has included the assumption that , in the case of active corruption, the undue advantage is not for the authority or the officer but for a member of your family, a friend, etc., in short, for a third party.

Has been given a new treatment to omissives behaviour by punishing them in the basic type, to understand that it does not conflict with the legal institution of administrative silence, because it requires that, in addition, the omissiva behaviour is performed in Exchange for improper benefits.

With regard to the aggravation of the type when the action or omission done is "unfair" and the clarification of its meaning, despite the lack of jurisprudence on this issue, it is clear that an action or omission shall be considered unfair when it is contrary to the legal system and to its principles informers, including administrative and civil offenses in its wider concept. Likewise, the notion of Act of political nature, as opposed to the Act of administrative nature you can also perform an authority, it should not be limited to the political act par excellence: the vote, either on a Commission, of a room or a group, but they must also understand other acts from the powers of the authority are mentioned who do not have a markedly administrivia. It would be the case, for example, of the non-announcement of a full when it is known that it will present a motion of censure, or non-inclusion of a specific request in the order of the day, etc.

Andorra recently did a step forward in relation to the Criminal Law Convention against corruption not to proceed with the renovation of the reservation to article 6, relative to the members of foreign public assemblies, and article 10, relating to the members of international parliamentary assemblies. A consequence was compelled to include them as active or passive subjects of the types examined that has motivated the modification of article 382 of the criminal code. In the same way, in the article there are included the arbitrators and foreign juries, which will allow the ratification of the additional Protocol to the Criminal Law Convention if the study has been to boost concludes favorably on this possibility.

It has also proceeded to an increase of the penalties in this chapter in accordance with the recommendations made in accordance with the criteria of congruence and proportionality to be applied.

On the other hand, the adoption by Andorra 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, and the adoption, in brief, of the agreement of the Council of Europe on the protection of minors against exploitation and sexual abuse signed in Lanzarote on 25 October 2007, makes it necessary, for imperative legal (in accordance with article 24.2 of the law regulating the activity of the State in matters of treaties, of December 19, 1996), and also appropriate, to legislative opportunity to introduce into law the provisions emanating from international instruments referred and which are not yet included in our criminal code.

In relation to the Optional Protocol, despite the fact that the last reform of the penal code of 2008 already was a lot of sancionables cases, it is necessary to introduce new behaviours in the article 155, penalize the attempt in the article devoted to slavery and add a worsening in the article 121 when the victim of the transfer is a minor or a vulnerable person.

In relation to child pornography, the imperatives of the agreement of Lanzarote, the origin of which is found in the proliferation of new punishable behaviour related to the emergence and the constant evolution of the new technologies of communication and information, force the legislature to criminalize certain conduct, such as access to pages of child pornography or pornographic performances attendance with minors. In addition, you also need to include the definitions not contained in the current wording in order to complete the legal scope of the crime and avoid possible loopholes in a matter as important as child pornography.

Finally, the other edits tend to improve the legislation in the area of fight against financing of terrorism or to solve interpretation issues that had been raised as a result of the application of the criminal code.

Article 1


Modification of paragraph 1 of article 8 modifies the paragraph 1 of article 8 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "1. The Andorran criminal law applies to the offences intentades or consumades in the territory of the Principality and the related offences or indivisible who have been intentades or committed outside the territory of Andorra.

Andorran criminal law applies to the offences intentades or consumades on Board of the ships, fixed platforms and aircraft of Andorra and the Andorran air space. It also applies when an aircraft lands on Andorran territory. "

Article 2 amendment to article 32 article 32 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 32.

Authority and the authority is considered criminal effects official person who, irrespective of their nationality, whether it is described as if it is not, have remote control or exercising its own jurisdiction, individually and collegially. The Authority also are considered members of the General Council, of the common, the High Council of Justice, the Court of Auditors, of the public prosecutor, the Ombudsman and any other person to whom the law does not attribute the exercise of institutional functions of their own.

To the same effect is considered the official person who, irrespective of his nationality, he participates, so delegated or not, in the exercise of public functions by provision of the law, by choice or by appointment of the competent authority. "

Article 3 Amendment 58 article modifies the article 58 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 58 real competition and accumulation of infractions 1. When two or more penalties are imposed the execution of which is supported by reason of its nature and effects, must be met simultaneously.

2. When several offences committed by the same person are or may be subject to the same procedure, penalties will meet successively in the order of their severity, with the following limits: a) the sum of the penalties imposed may not exceed three times of the tax penalty more serious.

b) maximum imprisonment may not exceed the tax twenty-five years, or thirty when at least one of the crimes have legally assigned a maximum sentence of twenty years or more.

c) in the event that the penalties provided for offences are imprisonment and arrest, the Court only has to impose the corresponding prison term and can replace the penalty of arrest in accordance with the provisions of the article 65.5.

3. In the case provided for in the preceding paragraph, if the penalties established by law for the various crimes are of the same nature, the Court can impose a penalty only resulting from the accumulation of the duration of the various applicable penalties, with the limits set out in this article.

4. In the case of several violations subject to separate procedures committed by the same person, the Court must take into account the limitations above, whether in the ruling whether it later through reasoned resolution. "

Article 4 Modification of paragraphs 3, 4 and 5 of article 65 modify sections 3, 4 and 5 of article 65 of the law 9/2005, of 21 February, qualified of the penal code, which are written as follows: "3. The tribunal, at the time of issue judgment or subsequently, at the request of part i by aute Raisonné, can replace the penalties imposed for your arrest or imprisonment or carry remaining for up to five years to the penalty of expulsion to a maximum of fifteen years. In the event that the person was expelled in Andorran territory within the period fixed, must comply with the penalty which had been replaced by the expulsion.

4. The Court may also, reasonably, replace the penalties imposed imprisonment up to three years for a work for the benefit of the community, so that two days of work for the benefit of the community equivalent to one day of imprisonment. If the total number of hours per week worked is equal to 40, a day of work in benefit of the community is equal to one day in prison. In the event of non-compliance, the condemned person must comply with the penalty which had been replaced by work for the benefit of the community.

5. The Court may also replace, reasonably, the penalties of arrest to the work for the benefit of the community in accordance with the following rules: a) a day of house arrest is equivalent to a day's work for the benefit of the community.

(b)) two-day partial arrest newspaper are equivalent to a day's work for the benefit of the community.

c) an arrest of festive time is equivalent to two days of work for the benefit of the community.

In the event of non-compliance, the condemned person must comply with the penalty which had been replaced by work for the benefit of the community. "

Article 5 Amendment of article 66 article 66 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 66.

Replacement of the penalty of arrest 1. The Court, at the time of issue judgment or subsequently, at the request of part and by means of reasoned, you can replace the sentence mode of the penalty of arrest imposed or replaced by any other of its forms, bearing in mind:-that the fulfillment of a unit of arrest in a prison is equivalent to two units of fulfillment at home;

-that an arrest of festive time is equivalent to two days of house arrest, and-a day of house arrest is equivalent to two days of partial arrest newspaper.

2. In the event of non-compliance penalties of arrest established in this code, the Court may immediately, with prior audience granted to the parties, the replacement for one of the other forms of arrest or the modification of the regime of compliance with agreed, without prejudice, where applicable, of the penalty applicable to the offence of crebantament sentence. "

Article 6 Amendment of article 67 article 67 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 67.

Usual offender for the purposes of article 62 is considered to be the habitual criminal who has been punished by a firm sentence three times to a crime included in the same title of the code, for a period of five years. "

Article 7 Amendment of article 121 article 121 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 121 Traffic of organs, tissues, cells or human gametes


1. who, without administrative or judicial authorization, offer, accept or traffic in organs, tissues, cells or human gametes should be punished with imprisonment of three months to three years and disqualification for any health profession or related scientific research for a maximum period of five years.

2. When the traffic has to an organ obtained illicitly, the prison sentence must be from two to five years.

3. If the victim is a minor or a person vulnerable for reasons of illness or physical or mental deficiency has been to impose a prison sentence of four to eight years. It has to impose the penalty on the upper half to the holders of parental authority or guardianship when the conduct is carried out with their collusion.

4. If the events are carried out in the framework of a tax penalty may reach the maximum limit increased by half.

5. The attempt is punishable. "

Article 8 Amendment of article 134 modifies the article 134 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 134.

Slavery 1. Who submit a person to slavery or servitude shall be punished with a prison sentence of four to twelve years.

The penalty has been imposed in the top half when the victim is a minor.

The attempt is punishable.

2. slavery is understood to be the status of the person on which another exercise, even in fact, all or some of the attributes of the right to property, such as buy, sell, lend or give in Exchange. "

Article 9 amendment of paragraph 2 of article 136 modifies the terms of paragraph 2 of article 136, relative to penalties hazing, law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "2. When the author seize or take control of a ship, a fixed platform or an aircraft or a means or a vehicle transport Automobile Group of people."

Article 10 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 one year.

The attempt is punishable.

2. who use, a minor or unable to pornographic purposes or Exhibitionists 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.

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.

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 11 Amendment 162 article modifies the article 162 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 162.

Theft of children 1. The person backing out one child under fourteen years of age or unable, preventing prolonged manner the exercise of the functions of guardianship on the part of its owners, should be punished with a prison sentence of two to six years, unless the fact is constitutive of the crime of kidnapping, slavery or illegal detention.

2. In the event that the theft is carried out by an ascending, the Court may apply the penalty reduction provided for in article 53.

3. The attempt is punishable. "

Article 12 Amendment 362 article modifies the article 362 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 362.

Definition of terrorism 1. They constitute acts of terrorism: a) an act which constitutes an offence within the framework and according to the definition contained in one of the following treaties:-the Convention for the Suppression of the illicit empowerment of aircraft (the Hague, 16 December 1970).

-Convention for the Suppression of unlawful acts against the safety of civil aviation (Montreal, 23 September 1971).

-Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents subject, adopted by the General Assembly of the United Nations on 14 December 1973.

-International Convention against the taking of hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

-Convention on the physical protection of nuclear material (Vienna, 26 October 1979).

-Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation, supplementary to the Convention for the Suppression of unlawful acts against the safety of civil aviation (Montreal, 24 February 1988).

-Convention for the Suppression of unlawful acts against the safety of maritime navigation (Rome, 10 March 1988).

-Protocol for the Suppression of unlawful acts against the safety of fixed platforms located on the continental shelf (Rome, 10 March 1988).

-International Convention for the Suppression of terrorist attacks with explosives, adopted by the General Assembly of the United Nations on 15 December 1997.

b) any act intended to cause death or serious bodily injury to a civilian or to any other person who does not take an active part in the hostilities in a situation of armed conflict, when the purpose of the said Act, by its nature or the circumstances surrounding it, is to intimidate a population or compel a Government or an international organization to accomplish or to refrain from carrying out an act either.


c) to the extent that they are related to an individual or collective project that has to the subversion of the constitutional order or the severe bombing of the public peace and order through intimidation and terror, the following offences:-attacks against volunteers life and integrity of the people.

-The illegal detention, kidnapping, threats or constraints.

-robberies, the extortion, the damage, the havoc, fires, as well as infringements in computer stuff defined in this code.

-the deposit of weapons or ammunition, the tenancy or the deposit of substances or explosive devices, flammable, inflammatory or suffocating, or their components, as well as the manufacture, trafficking, transport or supply, in any form.

2. It is considered terrorist:-the person who commits or attempts to commit, as an author or as an accomplice in any terrorist act.

-the person who it belongs, acts in the service or collaborating with a terrorist group.

3. Constitutes terrorist group the Group of people organized to carry out acts of terrorism. "

Article 13 Amendment of article 366 bis modifies the article 366 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 366 bis.

Financing of terrorism 1. The person who perform acts of financing of terrorism shall be punishable with imprisonment from two to five years.

Attempt and conspiracy are punishable.

2. For the purpose of this article is meant for financing any activity which, by the way it is, directly or indirectly, illicitly and deliberately, consists of the provision or meeting of funds with the intention that it be used or knowing that they will be used, in whole or in part, in the Principality or abroad:-by a terrorist group or a terrorist.

-To commit one or more terrorist acts.

3. For the purpose of this article is meant to fund: financial assets, of whatever nature, goods, material or immaterial, movable or real estate, acquired by any means, lawful or illicit use, and legal documents or instruments in any form, titles, even the electronic or digital, that certify the right of property or an interest on the same assets or goods especially, but not exclusively, the belongings and bank credits, the traveller's cheques, bank cheques, payment orders, stocks, the securities, obligations, and the Bills of Exchange and credit.

4. You must impose prison sentence of three to eight years when you give any of the following circumstances: a) When the funding is committed by an organized group.

b) When the subject act with habitualitat.

Attempt and conspiracy are punishable. "

Article 14 Amendment of section a) of article 366 ter modifies section a) of article 366 ter of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "a) Comís of the product of the offence. The purpose of the funding, for the purposes of the application of the comís and comís for equivalent provided for in article 70, are considered to be the product of crime. "

Article 15 Amendment 380 article modifies the article 380 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 380.

Corruption 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by person interposed, undue benefits or accept offer or promise in order to perform or omit an act of his own position, should be punished with a prison sentence of a maximum duration of two years and suspension for the exercise of public office for a maximum period of three years.

2. The particular offering, give or promise to the authority or official, for your benefit or that of a third party, improper advantages in order to make one of the acts described in the preceding paragraph should be punished with penalty of arrest.

3. Constitutes an excuse of absolution that the particular report to the authority the Act of corruption before the start of an investigation. "

Article 16 Amendment 381 article modifies the article 381 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 381.

Increased type 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by person interposed, undue benefits or accept offer or promise to make or have made, in the exercise of his Office, an action or an omission unfair to delay proceedings or to adopt an act of political nature, should be punished with a prison sentence of one to four years and disqualification for the exercise of public office for a maximum period of six years.

2. The particular offering, give or promise to the authority or official, for your benefit or that of a third party, improper advantages in order to make one of the acts described in the preceding paragraph should be punished with a prison sentence of up to two years and a ban on contract with the Government for a maximum period of four years. "

Article 17 Amendment 382 article modifies the article 382 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 382.

Other subjects of articles 380 and 381 forecasts corruption in relation to the authority or the officer is also applicable to cases in which the behaviours described the carried out or have a relationship with a foreign or international civil servant, a member of an international or supranational Parliamentary Assembly or a member of a public assembly exercising legislative or administrative powers in any other State.

Equally, it is applicable to the jury, referees, experts, interpreters or any person who participates in the exercise of the public function, both national and foreign, replacing the penalty of disqualification for the exercise of public office by the opt for the exercise of the trade or the post when appropriate. "

Article 18 Amendment 383 article modifies the article 383 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 383.

Judicial corruption 1. The mayor or magistrate who, with out own or a third party, ask for, or receive, personally or by person interposed, undue benefits or accept offer or promise to make a proper act of his Office should be punished with imprisonment of three months to three years and disqualification for the exercise of public office for a maximum period of six years.


2. The particular offering, give or promise to the mayor or magistrate, for your benefit or that of a third party, improper advantages so that one of the acts described in the preceding paragraph should be punished with a maximum prison term of two years and a ban on contract with the Government for a maximum period of four years. "

Article 19 Amendment 384 article modifies the article 384 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 384.

Increased type 1. In the case of section 1 of the previous article, if the Act in Exchange for the advantage is to issue or have issued a resolution unfair or delaying it, it has to impose imprisonment from two to five years and disqualification for the exercise of public office for a maximum period of six years.

2. The particular offering, give or promise to the mayor or magistrate, for your benefit or that of a third party, improper advantages so that one of the acts described in the preceding paragraph should be punished with imprisonment of three months to three years. "

Article 20 Amendment 385 article modifies the article 385 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 385.

Privileged types When the bribery occurs because criminal for the processing, on the part of their spouse or person who is related to a situation of fact equivalent, or any ascendant, descendant or brother, by nature or by adoption, has been imposed in subornador the penalty of arrest, in the case of article 383 and maximum two years jail in the event of the article 384. "

Article 21 Amendment 386 article modifies the article 386 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 386.

Traffic of influences 1. The person who brings in an authority or an official with prevalence of any situation arising from his personal relationship with the authority or the officer or another officer or authority to get a resolution that you can generate, directly or indirectly, an improper advantage for her or for a third person, must be punishable by a maximum prison term of two years. The Court may, in addition, impose the penalty of banning contracting with public authorities for a maximum period of three years.

2. The authority or the officer influenced should be punished with the same punishment and suspension of public post for a maximum period of three years.

3. When the author is authority or civil servant and the influence caused by the prevalence of the powers inherent in the Office or any personal or parental relationship, you have to impose imprisonment of three months to three years and suspension of public post for a maximum period of five years. "

Article 22 Amendment of the article 386 bis modifies the article 386 bis of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 386 bis.

Other subjects of traffic of influences for the purposes of the provisions of article 386, also is considered official or authority: 1. A foreign or international civil servant, a member of an international or supranational Parliamentary Assembly or a member of a public assembly exercising legislative or administrative powers in any other State.

2. the jury, referees, expert witnesses, interpreters or any person who participates in the exercise of the public function, both national and foreign.

3. The officials or agents of international courts. "

Article 23 of the article 386 ter is added the article 386 ter that is added to the law 9/2005, of 21 February, qualified of the penal code, with the following wording: "Article 386 ter accessory Consequences in relation to the offences set out in this chapter, the Court shall impose, in addition, the following measures: a) the comís of the product obtained, in the terms established in article 70.

b) The other measures, referring to individuals or legal persons, referred to in article 71. "

Article 24 amendment of paragraph 1 of the article 411 modifies the first section of the article 411 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "1. the comís of the product of the offence. Money, goods or values the object of money laundering, accomplished or attempted, they are considered, for the purposes of the application of the comís and comís for equivalent provided for in article 70, the product of crime. "

Article 25 Amendment 455 article modifies the article 455 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 455.

Hijacking of aircraft, ship or fixed platform Who, with violence or intimidation, seize or take control of a ship, aircraft or fixed platform in which there are people, should be punished with a penalty of one to five years in prison and seven to thirteen years of imprisonment if the circumstances of point 3 of article 135.

The attempt is punishable. "

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 9/2005, of 21 February, Andorran criminal code 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.

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