Law 15/2008, Of 3 October, Amending The Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 15/2008, del 3 d'octubre, qualificada de modificació de la llei 9/2005, del 21 de febrer, qualificada del codi penal

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Law 15/2008, of 3 October, amending the law 9/2005, of 21 February, qualified of the penal code since the General Council in its session of October 3, 2008, has approved the following: law 15/2008, of 3 October, amending the law 9/2005, of 21 February, Andorran criminal code preamble the Criminal Code currently in force was approved by the General Council on 21

February 2005 and entered into force on 23 September of the same year. After two years of jurisdictional application of the text, has been unable to check the adequacy of the same to the realities of governing. However, it has been confirmed in practice the convenience of making certain technical modifications to make it more operational. For this reason, it is considered necessary to pass this law on modification of the law 9/2005, of 21 February, qualified of the criminal code.

On the other hand, are included in this law to amend some specific changes in the articles, needed in anticipation of the ratification and entry into force of certain international treaties that Andorra has signed, and to the provisions of which it is necessary to adapt the legislative body. In the same way, the need for consistency with the rest of the regulatory body of the articles amended by law 17/2007, of 18 October, amending the law 9/2005, of 21 February, Andorran penal code, and by the law 29/2007, of December 20, qualified for the modification of article 409 of the law 9/2005 , February 21, qualified of the penal code, carries a new wording of the articles recently modified, so covering completely the cases of crimes that aim to prevent and punish, in accordance with the requirements of taxativitat and certainty of any disciplinary regulations and in particular the penal regulations.

Finally, it also includes some modifications to the law limited punitive body, collected in accordance with the recommendations of international organizations of which Andorra is a party, in particular the Council of Europe.

Article 1 Amendment of article 35 article 35 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 35 major Penalties for major crimes the penalties that may be imposed for the crime are: 1. Imprisonment up to twenty-five years, with the exception of the that have the rules regarding the accumulation of penalties and the penalties provided for the crime of genocide and crimes against humanity.

2. Fine up to 300,000 euros or up to quadruple of the damage caused or the benefit obtained or that respectively intended to result or get with the Commission of the crime, if it was higher, except in cases in which they expressly foresee a higher amount.

3. Disable up to twenty years, except that they have the rules regarding the accumulation of penalties, for the exercise of public rights, of public, of family, of the trade or the post.

4. Ban up to twenty years of contracting with the Government.

5. Which derived from the application of the rules of replacing penalties provided for in article 65. ".

Article 2 amendment to article 36 article 36 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 36 major Penalties for misdemeanours the penalties that can be imposed for misdemeanor are: 1. Imprisonment up to two years.

2. Arrest of festive time up to twenty-four weekends or units of time equivalent.

3. House Arrest up to six months.

4. daily partial Arrest up to six months.

5. Fine up to 60,000 euros or up to three times the value of the thing paid once, of the damage caused, 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.

6. Work for the benefit of the community for a period not exceeding one year, except that the result of the application of article 65.

7. Disable up to six years for the exercise of public rights, of public, of family, of the trade or the post.

8. Suspension of up to six years for the exercise of public rights, of public, of family, of the trade or the post.

9. Deprivation of driving license up to six years.

10. Deprivation of the gun permit up to six years.

11. Deprivation of the hunting or fishing license up to six years.

12. Prohibition to issue cheques or to use credit cards for up to six years.

13. Prohibition of contracting with the Government up to six years.

14. Those derived from the application of the rules of replacing penalties provided for in article 65. ".

Article 3 article 37 Modification modifies the article 37 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 37 major Penalties for the criminal contravencions the penalties that can be imposed for contravention penalty are: 1. Arrest of festive times up to eight weekends or units of time equivalent.

2. House Arrest up to a month.

3. partial Arrest daily up to two months.

4. Fine up to 6,000 euros or up to twice the value of the thing paid once, of the damage caused, the damage caused or the benefit obtained or who intended to steal, or caused by, respectively, with the Commission of the offence, if it was higher.

5. Work for the benefit of the community for a period not exceeding one month.

6. Deprivation of driver's license for up to a year.

7. Deprivation of the gun permit up to a year.

8. Deprivation of the hunting or fishing license up to three years.

9. Prohibition of contracting with the Government up to a year.

10. Suspension for the exercise of the trade or the charge up to six months.

11. public or private Reprimand. ".

Article 4 modification of the article 43 article 43 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 43 Equivalents and methods of compliance for the purposes of this chapter, an arrest of festive time is equivalent to four days of night or partial arrest or to four days of house arrest.

The Court may order that the daily part-time arrest or long holiday will comply to the address. In this case, the duration and the limits are of the double of established in articles 36 and 37 for the fulfillment of these two forms of arrest in a prison.

The house arrest or compliance with the law of the partial arrest daily or long holiday you can meet monitored control, provided that there is previous consent of the condemned and is made in such a way that respects the


their intimacy. ".

Article 5 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 are 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 the most serious penalty imposed augmented half.

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 6 Amendment of article 61 article 61 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 61 simple conditional Suspension 1. In the same judgment, the Court reasoned, or by subsequent resolution can be agreed to the suspension of the execution of custodial sentences or restrictive of freedom imposed on convicted the sum of which does not exceed five years, provided that there are no appreciated recidivism and on condition that the accused not carried during the suspension time fixed by the Court and has made deal with civil liability to the extent that it is possible.

2. The term of the suspension may not exceed four years in major crimes and wrongdoing two years in minor crimes and the crimes of intentional unwise. ".

Article 7 Amendment of article 62 article 62 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 62 qualified conditional Suspension 1. At the time of dictating sentence or later, the Court reasoned resolution may suspend the execution of the custodial or restrictive of freedom imposed on convicted the sum of which does not exceed five years, provided that the sentence will not be issued in rebellion and that it is not a habitual criminal. In addition to the policies for what it has done in the previous article, the suspension is conditioned by fulfilment of the convicted of one or more of the following: a) Compensation, repair or compensation, according to the means available, the victim of the crime.

b) regular Pay allotment.

c) track a specific medical treatment or psychological.

d) total or partial Abstention to drive vehicles cars with deprivation of driving license.

e) Refraining to attend certain public places.

f) abstention from reside in a particular place.

g) abstention from contact with the victim in the form defined in article 51.

h) Prohibition of consuming alcoholic beverages in establishments or public places.

and to remain at home during certain hours) Duty, with or without monitoring control.

j) periodic Presentation to the tribunal or to the body that the Court determines.

k) Justification of regular employment.

the) obligation to stay in the Principality with retention of identity documents and passports, if necessary, with or without monitoring control.

m) carrying out work for the benefit of the community, with the agreement of the condemned.

n) Abstention from the use of weapons, with deprivation of permission of arms and their possession, if necessary.

2. The control measures monitored may not be adopted without the prior written consent of the person concerned. The charges incurred, telephone or any other kind, made by the person concerned, except in the case that you do not have sufficient economic resources.

3. The Court shall set the period of the suspension, which may not exceed four years, given the circumstances of fact, the extension of the penalty imposed and the personal circumstances of the condemned. The Court shall fix the conditions of fulfilment of the obligations above. ".

Article 8 Amendment of article 65 article 65 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 65 substitution of sentences 1. In the case of imposing a prison sentence of less than three months duration, the Court must replace it automatically in the same sentence by sentence of arrest up to the maximum provided for in article 36.

2. The tribunal, at the time of issue judgment or subsequently, at the request of part i by aute Raisonné, can replace the penalties imposed imprisonment up to one year for a penalty of arrest to comply in a prison, so that two days ' imprisonment are equivalent to an arrest of festive time or four days of partial arrest newspaper without grasping the limits of articles 36 and 37.

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 in prison or carry remaining for up to five years for the penalty of expulsion to the maximum of 15 years. In the event that the expelled enter Andorran territory within the period fixed, must comply with the penalty which had been replaced.

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 are 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.

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. ".

Article 9 Amendment of article 70 article 70 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 70 Comís of the instruments, and effects at the time of dictating sentence was pronounced and in the other cases provided for in the criminal procedure code, the Court must agree on the comís of the instruments used or , in the case of punishable attempt, they were going to be used for the Commission of the offence, the product and the benefits that have been derived and its eventual subsequent transformation.

In the event that the products of the crime cannot be located, or cannot be repatriated from abroad, the Court can agree on the comís of the equivalent of these products.

Cannot be comís the goods belonging to a third party not responsible for that have purchased legally.

The Court may not agree on the comís or arranged partially in the event that the instruments, the product obtained or your profits are confused with property and rights of unlawful origin, or if the profits or the trading instruments are permissible and do not have with the nature or the seriousness of the violation, or when other reasons and the need to do so. ".

Article 10 Amendment of article 71 article 71 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 71 Other consequences 1. The Court can impose reasonably, at the time of dictating sentence was pronounced, or in other cases stipulated in the criminal procedure code, the following measures: a) Dissolution of the society, association or Foundation.

b) suspension of the activities of the society, association or foundation for a maximum period of six years.

c) closure of the company, of their premises or establishments, with temporary or definitive.

d) Fine to the society, association or Foundation, in the case of Commission of crimes against the economic order, of corruption, influence trafficking, 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.

e) appointment of receivership of the company or society.

f) publication of the judgment. The costs of publication are, in this case, the responsibility of the sentenced.

g) Deprivation of the right of the person or entity contracting with the Government.

2. The adoption of the measures referred to in paragraphs), b), c) and above) requires the intervention as part of the process, with the same rights recognized by the law to civil law, legal representative of the legal person, or the person you designate its competent bodies, from the moment in which the summary incoa or previous proceedings. ".

Article 11 Add a new article with the number 118 bis is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "Article 118 bis reckless Use of a firearm Who make use of a gun with recklessness manifests and effectively put particular danger life or health of the people must be punished with imprisonment up to two years and deprivation of the permit weapons up to six years.

The Court also may impose the penalty of disqualification for the exercise of the trade or by up to four years. ".

Article 12 Amendment 140 article modifies the article 140 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 140 conditional Threats of a bad establishing crime 1. A person who threatens to cause a mal constitutive of a felony or a crime against the physical integrity by requiring any condition, legal or illegal, should be punished with imprisonment of three months to three years.

2. If the threat is of death and is made repeatedly, or weapon or with a medium that give on understanding a firmness in the intent, the penalty must be from one to five years in prison.

3. The penalties provided for above have been imposed in its lower half if the author has not achieved its purpose. ".

Article 13 Amendment of article 143 modifies the article 143 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 143 conditional status, not Threats, without requiring a person Who threatens to commit against it, against someone from your family or a person with whom you have an intimate relationship, a crime against the life or physical integrity or a felony which may arise a risk against the life of the people, should be punished with imprisonment up to two years or for my arrest.

If the threat is of death and is made repeatedly, or weapon or with a medium that give on understanding a firmness in the intent, the penalty has been imposed in its upper half. ".

Article 14 adding a new article with the number 143 bis is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "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.".

Article 15 Amendment of article 146 article 146 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 146 qualified Aggressions 1. The sexual violence must be punished with a prison sentence of two to seven years in the case of the article 144 and with a prison sentence of six to fifteen years in the article 145, when in fact there is any of the following circumstances exists: to) Run the fact in the group, there are concurrent two or more persons.

b) was the culprit, the victim's brother, descendant or ascendant or the person exercised in fact or in law the family authority over it.

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.

In this case the penalties apply in its upper half.


d) When in attention to the nature of the sexual behaviour, the means employed, the specific circumstances or any other reason, the sexual assault has a particularly degrading and vexatori for the victim.

e) When, by means of aggression, will put in danger the life or physical integrity of the victim.

2. The attempt is punishable. ".

Article 16 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 imprisonment up to one year.

The attempt is punishable.

2. who uses a minor or unable to pornographic purposes or Exhibitionists and who produce, sell, distribute, disseminate, give or exhibit by any means pornographic material in which minors or images appear real, with appearance of reality, should be punished with a prison sentence of one to four years.

The attempt is punishable.

3. who owns pornographic material in which minors or images appear real, with appearance of reality, should be punished with penalty of arrest. If it possesses for the purpose of selling it or disclose it, shall be punished with imprisonment up to two years.

4. 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 up to 30,000 euros. ".

Article 17 Amendment of article 174 article 174 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 174 Injury Who injuriï a person seriously or with advertising or who injuriï slightly or seriously an authority or an officer by reason or on the occasion of the exercise of his Office should be punished with penalty of arrest.

Injury is the action performed or the expression proferida with contempt of a person. ".

Article 18 Amendment 185 article modifies the article 185 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 185 for the revelation 1. It has to impose capital punishment from one to four years in prison if they reveal to third parties the data or facts discovered in referred to in article 182.

2. It has to impose penalty of two to five years in prison if they reveal or give to third parties the data or facts discovered or captured images to referred to in article 183.

3. Has been to impose penalty of three to six years in prison if they reveal, they give or transmit to third parties the personal data automated referred to article 184.

4. The attempt is punishable. ".

Article 19 Amendment 190 article modifies the article 190 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 190 violation of secrets in the workplace Who reveal secrets personal aliens, of which it has knowledge by reason of their profession or labour relations, should be punished with imprisonment of three months to three years.

It is not included in this article the communication of information in accordance with the obligations foreseen by law, nor the private information provided with order to guarantee between the administrators of establishments the Principality's financial or banking, relating strictly to the agreed credits or to the risks assumed for one of his clients. ".

Article 20 modification of the article 198 article 198 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 198 qualified Theft 1. The crime of theft should be punished with imprisonment of three months to three years if there is any one of the following circumstances: a) the thing paid once you have historic value, cultural or artistic or special meaning for scientific development or technology.

b) that the value of the thing more than 6,000 euros.

c) That will make taking advantage of the helplessness of the victim.

d) That put the victim in a difficult economic situation to cater to your needs or those of your family.

e) That will make with abuse of confidence.

2. The attempt is punishable. ".

Article 21 Amendment 200 article modifies the article 200 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 200 false key Concept for the purposes of the provisions of the previous article are considered keys to the magnetic cards, perforated or of another type, and controls or remote opening. To the same effect are considered false keys are not instruments used by the owner or person authorized to open the lock. ".

Article 22 Amendment 203 article modifies the article 203 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 203 qualified Theft 1. The theft should be punished with a prison sentence of three to nine years: in) When the culprit made use of a weapon or dangerous media so that you can put in danger the life or physical integrity of individuals.

b) When running in an organized group of three or more people of which at least one bring a gun.

2. The attempt is punishable. ".

Article 23 Amendment of article 204 article 204 of the Act is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 204 Theft of vehicle use Who, without authorization from the owner, backing out or use a higher value car vehicle to 2,000 euros, no appropriate it, should be punished with penalty of arrest or fine up to 6,000 euros.

The Court may dispense the previous sentence if the culprit has restored the vehicle within 24 hours after the theft or use, taking into account the motives and other circumstances of fact. ".

Article 24 Amendment 205 article modifies the article 205 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 205 improper Theft Who, for profit and being the owner or with his consent, subtracts something valuable furniture superior to 600 euro who has legitimately in pledge or as a trustee by reason of seizure or receivership , should be punished with penalty of fine up to three times the value of the thing. ".

Article 25 Amendment 209 article modifies the article 209 of law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 209 qualified Scam


1. The offence of fraud should be punished with a prison sentence of one to five years in the following cases: a) That have as an object the property or other goods of first necessity or social utility recognized.

b) is made with simulation of lawsuit or use of another procedural fraud.

c) is made by check, credit card or debit card, pay, change font blank or fictional currency business.

d) That will make asking for humanitarian purposes or charitable funds.

e) that prejudice has a value higher than 6,000 euros.

f) that put the victim in a difficult economic situation defrauding to cater to your needs and those of your family.

2. The Court may impose in these assumptions, taking into account the circumstances of fact and of the culprit, a fine up to quadruple of the patrimonial damage caused.

3. The attempt is punishable. ".

Article 26 Amendment of article 217 modifies the article 217 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 217 regular criminal contravencions Receptació Who for profit and with knowledge of the Commission of the facts constitute criminal contravention against the heritage, usually acquire or transmit to a third party its effects , should be punished with penalty of arrest. ".

Article 27 Amendment 224 article modifies the article 224 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 224 privileged Type Who causes damage in excess of 600 euros and not exceeding 3,000 euros should be punished with penalty of arrest or fine up to three times the damage caused and/or with capital punishment works in benefit of the community for a period not exceeding in four months.

If you attend any of the circumstances set out in point 2 of the previous article, we have to impose penalty of arrest or work for the benefit of the community for a period not exceeding eight months. ".

Article 28 Amendment of article 228 article 228 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 228 tenders and public auctions 1. Shall be punished with imprisonment from one to four years and special disqualification for up to six years to bid in an auction or public tender, whether the Court either public entities: a) Who ask for prize or promises not to take part in a competition or public auction.

b) Who by threats, awards, promises or any other means try that a third party will not take part in an auction or public tender.

c) Are placed according to alter the price of adjudication or because the auction or tender is desert.

2. If it is an auction or tender of any public entity, it can impose, in addition, deprivation of the right to enter into contracts with the Government up to six years to the author or to the person or company that represents. ".

Article 29 Amendment of article 229 modifies the article 229 of Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 229 offences against intellectual property rights should be punished with imprisonment of three months to three years and fine up to three times the benefit obtained from who, for profit and to the detriment of third , replay, copy, distribute or publicly communicate, in whole or in part, a literary, artistic, scientific or other work protected by the law, or its transformation, interpretation or artistic execution fixed in any medium or communicated through any means, without the permission of the owner or assignee of any intellectual property right.

In the case of special gravity the Court may impose the penalty of one to four years in prison and, moreover, temporary closure or the ultimate establishment of the condemned and/or the publication of the judgment. ".

Article 30 Amendment 236 article modifies the article 236 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 236 misleading Indications to the manufacturer, distributor or dealer that offers the market products or services with false representations or deceptive indications, or that may cause error on the nature, composition or the substantial quality of products or services offered should be punished with penalty of arrest. The Court may impose the penalty of fine up to 12,000 euros. ".

Article 31 Amendment of article 237 modifies the article 237 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 237 Deception to the consumer Who may charge the consumer large quantities which correspond for the products or services offered through the alteration or manipulation of automatic equipment of measurement, should be punished with imprisonment up to two years or for my arrest. The Court may impose the penalty of fine up to 12,000 euros. ".

Article 32 Amendment 240 article modifies the article 240 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 240 unfair Administration of an enterprise administrators in fact or in law of any society or company in their own benefit or for a third party, taking advantage of the functions of his Office , make abusive operations that compromise the competitiveness of the company or firm shall be punished with imprisonment of three months to three years.

When the above facts have been committed as a result of having requested or received, personally or by person interposed, advantages economically assessed, or the acceptance, offer or promise on the part of the administrator of fact or of law, or for the benefit of a third party, within the framework of the ordinary activity of the company or business, the expected penalty has been imposed in its upper half. ".

Article 33 Amendment of article 242 modifies the article 242 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 242 Check without provision 1. Should be punished with penalty of arrest and prohibition to issue cheques until six years: a) Who give or delivered to any concept a cheque for an amount higher than 3,000 euros knowing that you do not have sufficient provision of funds and available or authorization to turn in found or that, at the time of the presentation, you will not be paid.

b) Who, having delivered the check, remove or block all or part of the provision of funds, or give contraordre preventing the payment, unless the check has been lost or stolen.


2. it is of worth who meets the amount of the check within the ten days following the date on which it was communicated the filing of lawsuit.

3. For the prosecution of this offence is required the filing of a complaint of the injured party.

4. civil liability includes the condemned to the payment of the amount of the cheque, unless the Court opts to this question is resolved, if necessary, by the civil courts. ".

Article 34 modified the article 268 article 268 of the Act is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 268 driving under the effect of drugs 1. The one who drives a car vehicle in a State of which caused a specific danger to the life or health of the people due to the consumption of drugs or substances with similar effect, or with a degree of alcohol in excess of 0 ' 8 g/l of blood, should be punished with imprisonment up to one year or for my arrest , and deprivation of driving license up to three years.

2. The who drive a vehicle transport car group with passengers, a car vehicle of a maximum total weight exceeding 3,500 kg, a train or an aircraft, in a State which caused a specific danger to the life or health of the people due to the consumption of drugs or substances with similar effect, or with a degree of alcohol greater than 0.5 g/l of blood , should be punished with imprisonment up to two years and deprivation of driver's license for up to four years. The Court may impose, in addition, the penalty of disqualification for the exercise of the trade or by up to four years. ".

Article 35 Amendment of article 269 article 269 of the law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 269 Refusal to submit to the test Who rejects to submit to the control of toxic or breath whenever legitimately required by an agent of the authority and does not accept to submit to a blood test , should be punished with a penalty of deprivation of driver's license for up to three years and up to four years in the case of the second point of the previous article. ".

Article 36 Modification of article 283 article 283 of Act is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 283 qualified Type 1. The conduct set out in the previous article shall be punished with imprisonment of four to ten years and fine up to quadruple in the first case and imprisonment of three to six years and fine up to triple in the second, if there is any one of the following circumstances: a) in the case of large amount of drug.

b) the drug is provided to minors or incapable.

c) That the drug will spread in schools, prisons, care or recreation.

d) the substance is manipulated or unadulterated in such a way that increase the danger for health.

e) That the substance is provided to persons subjected to a rehabilitation treatment or rehabilitation.

f) that the culprit belongs to an organization that has as its aim the dissemination of these substances.

2. If two or more of the above circumstances are met or if the culprit plays a position of power in law or in fact in the Organization, the Court may impose, provided that in the case of acts of human trafficking on a large scale, prison sentence of eight to sixteen years in the first case of the previous article and imprisonment of six to twelve years in the second In addition to the pecuniary penalties provided. The Court may be decided in this case, in addition, some of the measures provided for in article 71.

3. The attempt is punishable. ".

Article 37 Modification of article 290 article 290 of law is modified 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 290 qualified Type 1. It has to impose imprisonment from two to five years, fined up to 120,000 euros and disqualification for the exercise of the trade or the post up to six years, without prejudice to the penalties that may be applicable in accordance with other provisions of this code, when in the Commission of any of the events described in the article above there is a situation where any of the following circumstances : a) is the result of a commercial or industrial activity of a clandestine and lacking the corresponding authorizations.

b) that has been falsified or hidden to the competent administration of the activity information about environmental aspects are important and directly related to the events described in the previous article.

c) that has produced a safe cash, serious and collective character for the balance or the conditions of the flora, natural spaces, the fauna or the health of the people.

2. The attempt is punishable. ".

Article 38 Amendment 361 article modifies the article 361 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 361 Other consequences of the offence The Court may agree on any of the measures provided for in articles 70 and 71 with regard to the illicit association.

The culprits they are authority or civil servant and have worked with abuse of his Office has to be imposed, in addition, a penalty of disqualification for the exercise of public charge up to ten years. ".

Article 39 Amendment 366 article modifies the article 366 of the Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 366 collaboration with terrorist 1. Who, without performing the behaviors described in the previous article and without incurring authorship or complicity with terrorist acts, accomplished or intentats, perform acts of collaboration with the activities or purposes of a terrorist or a terrorist group, should be punished with a prison sentence of two to five years.

2. Are acts of collaboration: the information or the surveillance of persons, goods or facilities.

The construction, the preparation, the transfer or the use of accommodation or deposits.

The concealment or transfer of persons related to armed bands, organizations or terrorist groups.

The Organization of practical training or assistance in these practices.

In general, any other form of gravity equivalent of cooperation, assistance or mediation with the activities of a terrorist group. ".

Article 40 adding a new article with the number 366 bis is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "Article 366 bis financing of terrorism 1. Who, without performing the behaviors described in the article 365 and without incurring authorship or complicity with terrorist acts, accomplished or intentats, make


acts of financing of terrorism shall be punished 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.

-To commit one of the behaviors described in the articles 466 and 467 on any protected person, for the purpose of intimidating, on the occasion of the armed conflict, a population or to compel a Government or an international organization that meets or refrain from carrying out an act either.

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 about the same, especially but not exclusively , the belongings and bank credits, the traveller's cheques, bank cheques, payment orders, stocks, the securities, the bonds, letters of credit and change.

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 open with habitualitat.

Attempt and conspiracy are punishable. ".

Article 41 adding a new article with the number 366 ter is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "Article 366 ter accessory Consequences with regard to the offences provided for in this chapter, the Court shall impose, in addition to the penalties provided for, one or more of the following measures : in) Comís of the product of the offence or of the object of the financing in the terms envisaged in article 70.

b) dissolution of the organization or definitive closure of their premises or establishments open to the public.

c) suspension of the activities of the Organization, or closure of their premises or establishments open to the public for a period not exceeding five years.

d) prohibition of performing the activities, business operations or business, through the exercise of which the offence has been undercover easily or, for no more than five years.

e) The other measures, referring to individuals or legal persons, referred to in article 71, that they can reciprocate. ".

Article 42 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 The corruption which requires the two previous articles in relation to the authority or the officer is also applicable to cases in which the behaviours described will verify on or by a foreign or international official , or a member of an international or supranational Parliamentary Assembly.

Equally apply to the jury, referees, experts, interpreters or any person who participates in the exercise of the public function, 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 43 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, assessed advantages financially or accept offer or promise to perform or omit an act of his position should be punished with imprisonment of three months to three years, fined up to three times the value of the advantage and disable for the exercise of public charge up to six years.

2. The particular offering, give or promise to the mayor or magistrate assessed advantages economically so that one of the acts described in the preceding paragraph should be punished with penalty of arrest, fine up to three times the value of the advantage and prohibition to enter into contracts with the Government for up to four years. ".

Article 44 adding a new article with the number 385 bis is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "Article 385 bis Other subjects of The corruption established in the three previous articles in relation to the mayor or magistrate, is also applicable to cases in which the behaviours described will verify on or by a civil servant or agent of the international courts.".

Article 45 addition of a new article with the number 386 bis is added a new article to the law 9/2005, of 21 February, Andorran penal code, with the following wording: "Article 386 bis accessory Consequences in relation to the offences set out in this chapter, the Court shall impose, in addition to the penalties provided for, the following measures: a) the comís of the product obtained , in the terms established in article 70.

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

Article 46 Amendment 393 article modifies the article 393 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 393 Insider Abuse by an authority or an official 1. The authority or the officer to make use of a secret of which he has knowledge by reason of their profession or Office, or of an insider, to obtain a benefit for himself or a third party, shall be punished with a penalty of fine up to three times the benefit pursued, obtained or ease and disqualification for the exercise of public office for up to four years. If you get the benefit will have to impose penalties on their top half.

2. If it is a serious detriment to the public cause or for third parties, the punishment should be imprisonment from one to four years and disqualification for the exercise of public charge up to six years.

3. For the purposes of this code, it is understood by all insider information of specific character which will be solely by reason of the position and that still has not been notified, published or disclosed. ".

Article 47 Amendment of article 409


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 purchase or carry money, goods or values or make active or omissivament an act to hide its origin, or to hide them or their counterpart, coming from any felony you have indicated a prison sentence the minimum limit that is greater than six months, or any offense related to prostitution concussion and illegal charges, the , to the corruption and traffic of influences or illegal traffic of toxic drugs, knowing its origin, and without having been sentenced as an author or as an accomplice, should be punished with a prison sentence of one to five years and fine up to three times the value.

The attempt, conspiracy and incitement are punishable.

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 jail. ".

Article 48 Amendment 410 article modifies the article 410 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 410 qualified Type 1. It has to impose imprisonment from three to eight years old when will give any of the following circumstances: a) When the offence is committed by an organized group.

b) When the subject open with habitualitat.

c) When the author of the money laundering Act within the framework of a bank or financial establishment, of a real estate agency or an insurance company. In this case, the Court may impose, in addition, the penalty of disqualification for the exercise of the trade or the post up to ten years.

2. The attempt, conspiracy and incitement are punishable. ".

Article 49 Amendment 411 article modifies the article 411 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 411 such Consequences the Court must impose, in addition, one or more of the following measures: 1. Comís of the product of the offence in the terms envisaged in article 70.

2. Dissolution of the organization or definitive closure of their premises or establishments open to the public.

3. Suspension of the activities of the Organization, or closure of their premises or establishments open to the public for a period not exceeding five years.

4. Prohibition of performing the activities, business operations or business, through the exercise of which the offence has been undercover easily or, for no more than five years.

5. Fine in the terms provided for in article 71. ".

Article 50 Amendment 427 article modifies the article 427 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 427 Hindrance of execution of judgments 1. Who by force in things or ways in fact hinders the execution of a court order, should be punished with penalty of arrest.

The attempt is punishable.

2. The repeated failure of judgments relating to the guardianship and custody of children, deprivation of the right to repeated unjustified and views set in favor of the family that doesn't have the custody, or the repeated non-payment of pensions to family food should be punished with the same penalty. In cases of particular gravity, the Court, in assessing the extenuating circumstances and concurrent aggravating and, in general, the severity of the fact and the personal circumstances, can impose, exceptionally, prison sentence up to one year. ".

Article 51 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 putting into circulation of coin inautèntica 1. Should be punished with a prison sentence of one to four years and fine up to three times the value of the currency: a currency makes inautèntica) who with the intention to put it or that is put into circulation. 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, varying the apparent value or dispelling signs of unusability, with the intention to put it or that is put into circulation.

c) Who, having received the coin with knowledge of your inautenticitat, put it in circulation.

The attempt is punishable.

2. 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: a) Who, without having participated in the behaviors described in the first section, having received money knowing the inautenticitat, the character in order to put it or that is put into circulation.

b) Who, without having participated in the behaviors described in the first section, having received money knowing the inautenticitat, the enter in Andorran territory in order to put it or that is put into circulation.

3. who performs any of the conduct set out in the previous sections should be punished, in the case of the first 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 second section, with a penalty of imprisonment from two to five years and fine up to quintuple the apparent value of the coin When there is a situation where any of the following circumstances: a) 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.

4. 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 52 Amendment 435 article modifies the article 435 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 435 creation, use and marketing of document inautèntic 1. Who, in order to be introduced to the legal traffic, creates a document attributing it to those who don't have issued, or alters a document issued to another person in any essential element, should be punished with imprisonment up to two years. If it is a public document or a title value must be punished with imprisonment of three months to three years, provided they do not constitute crime of forgery of currency.


2. The use or sale of this class of documents must be punishable by the same penalties provided for in the preceding paragraph.

3. The possession of a public document or a inautèntic value, in order to be introduced to the legal traffic, must be punishable with imprisonment up to one year, provided they do not constitute crime of forgery of currency. ".

Article 53 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 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. If the acts are committed against one of the persons defined in article 114, the penalty of arrest cannot meet ever in regime of house arrest.

4. The attempt is punishable. ".

Article 54 Amendment 477 article modifies the article 477 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 477 reckless injury 1. Who by serious negligence occurs to a person an injury is not defined as a crime by this code should be punished with a fine penalty up to 6,000 euros.

2. who to produce a mild recklessness of injuries provided as a crime should be punished with a fine penalty up to 3,000 euros.

3. When the injury takes place using a car or a gun, has been imposed in addition to, respectively, the penalty of deprivation of driver's license or the loss of the weapon permit up to three months. ".

Article 55 Amendment 479 article 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 a person Who commits minor without attempts seriously against your self esteem or reputation, shall be punished with penalty of arrest.

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 56 Amendment 481 article modifies the article 481 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 481 Theft 1. Who commits theft of a value not exceeding 600 euros should be punished with penalty of arrest or fine up to twice the value of the furtada thing. The attempt is punishable.

2. who, no appropriate it, backing out or use a car vehicle outside of a value not exceeding 2,000 euros must be punished with penalty of arrest or fine up to 600 euros.

3. who commits theft and improper of a thing of value not exceeding 600 euros should be punished with penalty of fine up to twice the value of the thing. ".

Article 57 article 483 Modification modifies the article 483 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 483 of the Penal contravencions unusual Receptació Who for profit and with knowledge of the Commission of the facts constitute criminal contravention against the heritage, acquire or transmit to a third party its effects , should be punished with penalty of fine up to twice the value of the effect.

The penalty provided for in this article shall apply even if the author or accomplice of the infraction from which come the effects is put to an unknown person, to be irresponsible or is personally exempt from capital punishment. ".

Article 58 Amendment 485 article modifies the article 485 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 485 Damages for recklessness Who causes damage by negligence should be punished with penalty of fine up to twice the damage caused, without that in no case may exceed the amount of 600 euros. When the damage occurs using a vehicle car, it has to impose the penalty of deprivation of driver's license up to three months if it is serious recklessness or up to a month if it is mild recklessness.

Who by serious computer damage cause recklessness should be punished with a fine penalty up to 600 euros.

For the prosecution of these offences is required the filing of a complaint of the injured party. ".

Article 59 article 487 Modification modifies the article 487 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 487 Check without provision 1. Who give or hand over a cheque with no provision for value not higher than 3,000 euros, in the conditions required in paragraph 1 of article 242, should be punished with penalty of arrest or fine up to the double of the value consigned in the heel. It has to impose, in addition, the penalty of prohibition to issue cheques up to a year.

2. it is of worth who meets the amount of the check within the ten days following the date on which he has reported the filing of lawsuit.

3. For the prosecution of this offence is required the filing of a complaint of the injured party.

4. civil liability includes the condemned to the payment of the amount of the cheque unless the Court opts for this issue to be resolved, if necessary, by the civil courts. ".

Article 60 article 488 Modification modifies the article 488 of Act 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 488 fraudulent use of a credit card Who make fraudulent use of credit card or debit card by value not exceeding 600 euros should be punished with penalty of arrest or fine up to twice the damages caused.

The Court can condemn, 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 61 Amendment 492 article modifies the article 492 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 492 illegal hunting 1. Should be punished with penalty of arrest or fine up to 1,500 euros the who: a) Use to hunt all kinds of ties, networks, branches with League, hooks, ferrets or other means or similar methods.

b) hunting license taking the Caci withdrawal by administrative resolution firm.

c) Hunting out of season.

d) night Hunting without permission.

e) Caci in hunting without permission.

f) Bring any weapon in hunting without permission, except for the


inhabited places, the roads and secondary roads included in the hunting ground.

2. The Court may impose the penalty of deprivation of permission of gun or hunting license. ".

Article 62 Amendment 493 article modifies the article 493 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 493 illegal Fishing 1. Should be punished with a fine penalty up to 1,500 euros about: a) Use spinning, Hawk, fork, Harpoon, firearm, explosives, electrical appliances or with batteries or batteries, poisons, drowsy or any other means or method of destructive efficacy similar to fish.

b) Fish by hand or pollute or wiping the waters.

2. The Court may impose the penalty of deprivation of the fishing license.

Article 63 Amendment 506 article modifies the article 506 of the law 9/2005, of 21 February, qualified of the penal code, which is worded as follows: "Article 506 reporting not denounce default to the authority a crime of titles I, III and IV and included in chapter I of title VII, the second book of this code, shall be punished with fine penalty up to 3,000 euros.

It is not punishable the default reporting when this complaint affecting the omitent, your spouse or person attached to him by a situation of fact equivalent, or their ancestors, descendants or siblings by nature or adoption. ".

Article 64 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 of the criminal contravencions Perseguibilitat provided for in article 477 and all of title II, with the exception of those included in articles 487, 488 and 485 are prosecutable only with prior denunciation of the offended party or legal representative.".

Transitional provision The people condemned to a firm sentence to a restrictive of freedom or imprisonment the execution of which has not been suspended and that has not yet been fulfilled in its entirety to the entry into force of this law, they can urge the relevant judgment of the review in the form established in articles 253 and following of the code of criminal procedure.

Repealing the first Is without content the article 509 of law 9/2005, of 21 February, qualified of the criminal code.

Repealing the law abolishes second 17/2007, of 18 October, amending the law 9/2005, of 21 February, Andorran penal code, and the law 29/2007, of December 20, qualified for the modification of article 409 of the law 9/2005, of 21 February, qualified of the criminal code.

First final provision is delegated to 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, by Legislative Decree, and the revised text of the law 9/2005, of 21 February, Andorran penal code, including all modifications provided by this law.

Second final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, October 3, 2008, Joan Gabriel i Estany 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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