Law 91/2010, From 16 December, Qualified Modification Of Articles 113, 114, 476 And 478 Of The Act 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 91/2010, del 16 de desembre, qualificada de modificació dels articles 113, 114, 476 i 478 de la Llei 9/2005, del 21 de febrer, qualificada del Codi penal

Read the untranslated law here: https://www.bopa.ad/bopa/023004/Pagines/6A692.aspx

Law 91/2010, from 16 December, qualified modification of articles 113, 114, 476 and 478 of the Act 9/2005, of 21 February, qualified of the penal code since the General Council in its session of December 16, 2010 has approved the following: Law 91/2010, from 16 December, qualified for the modification of articles 113 , 114, 476 and 478 of the Act 9/2005, of 21 February, Andorran criminal code reason for violence in the domestic sphere is a matter of undeniable and disturbing news that has to deal with from a perspective completely open, which requires delving into all sorts of preventive solutions, healthcare, scientific, economic, educational or legislative, among others. The criminal law is presented in this context as an ultima ratio between the various areas of activity. In accordance with the principle of minimum intervention, criminal law should be used for more severe cases; However, we must also consider that the punitive reaction plays an important role in the fight against these behaviors.

The approval of the current Criminal Code led to the consideration of specific malicious types corresponding to domestic violence in a way acceptable but not entirely satisfactory in the opinion of the current legislature, since the crime of domestic violence, as dealt with in the Criminal Code currently in force, does not collect all the expectations that are desirable for fight with Justice this social evil. In this sense, it seems appropriate to establish the possibility to punish this particular criminal conduct more emphatic since the beginning in what occurs and no need to attend the status of habitualitat. This notion of necessary frequency induced minimizes the severity of the fact constitutive of the aggression in the domestic sphere, being able to create a notion of violent context, when it is precisely against this background that we must fight with prevention, and can afford, then the actual gestation situations of vulnerability of the victims, are these effective or potential.

To correct this situation, with the approval of this law the legislature opts for the deletion of the condition of habitualitat of article 114 of the criminal code, opening the possibility to punish more serious than at present the self-determination since the first occasion in which it is produced, albeit mild form; This change entails necessarily the modification of the drafted articles 476 and 478. Also for consistency, is deleted from the writing of the article 113, which establishes the basic type of abuse and injury, the particular consideration that fixes a higher maximum penalty for basic types in the event that, without that there is habitualitat, the facts of child abuse is made against one of the people included in the concept of home.

Article 1 Amendment 113 article modifies the wording of article 113 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 113 basic type of abuse and injury 1. Maltracti a person who physically so severe or you cause an injury that requires medical care for your healing, should be punished with penalty of arrest and fine up to 6,000 euros.

2. If there is any of the aggravating sixth of the article 30 or injury to the physical or mental health of the victim for their healing requires the monitoring of medical treatment after the first attendance, the punishment should be imprisonment from three months to three years. The attempt is punishable if there is any of the aggravating sixth of the article 30. ".

Article 2 Amendment 114 article modifies the writing of the article 114 of law 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 person with whom hold or have held a similar relationship of cohabitation or ancestors, descendants, brothers own or of that person, or any other person subject to guardianship of the one or the other, should be punished with imprisonment up to two years , without prejudice to the penalties that correspond by harmful result if you have caused.

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 3 Amendment 476 article modifies the writing of the article 476 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 476 abuse and fraudulent behaviour injury 1. Who maltracti bodily so slight or physically agredeixi a person must be punished with penalty of arrest.

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 4 Amendment 478 article modifies the wording of article 478 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 478 minor threats and Constraints 1. Whoever causes a person a coercion or harassment of a minor 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 repeatedly for the purpose of causing uneasiness, anxiety or fear in a person, should be punished with penalty of arrest or fine up to 3,000 euro. ".

Final provision this law shall enter into force within fifteen days of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 16 December 2010 Josep Dallerès Codina, General Syndic 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra