Law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure, the 10 of December of 1998 since the General Council in its session of October 3, 2008, has approved the following: law 16/2008, of 3 October, qualified for the modification of the law for the modification of the code of criminal procedure , 10 December 1998 exhibition of illustrations and the adequacy of the criminal rules to international agreements signed or ratified by Andorra undertakes to make a specific amendment of the penal code in certain articles in order to adapt the said rules to the needs of international recognition of our State, particularly in the area of corruption and the financing of terrorism. The modification of the articles of the said body material means, necessarily, the modification and the adaptation to the variations of the punitive body operated qualified law amending the code of criminal procedure, of 10 December 1998, as amended above, also of partial form as now, to the law of international criminal cooperation and the fight against the laundering of money or securities of the international crime , 29 December 2000, and by law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure. The normative text which now approves of this first order.
This law also includes other specific modifications of the current criminal procedure code, in order to complete and adapt the wording of some articles to make it safer in their application and more guaranteed fundamental rights of citizens.
Article 1 amendment to article 26 modifies the article 26 of the law for the modification of the criminal procedure code, of December 10, 1998, amended by the law of international criminal cooperation and the fight against the laundering of money or securities of international crime, of 29 December 2000, and by law 10/2005 , 21 February, qualified for the modification of the code of criminal procedure (hereinafter Code of criminal procedure), which is worded as follows: "Article 26 1. To gather the necessary evidence, the agents of the police force, whenever necessary, should: a) to move to the site of the offence; proceed to any fact material, and, where appropriate, the photographic or corresponding audiovisual; do you attend to persons with special competence required for this purpose;
take statement to every person capable of providing indications; proceed to the necessary prosecutions with the prior consent of the person who signed occupies the site and always with the obligation to notify in advance the right of denying it.
In case of refusal or of the absence of the person concerned, the police need the written permission of the Mayor.
To authorize the Mayor must specify the addresses or the premises where they have to carry out the search and think the convenience of the event that has been practicing. The authorisation is presented to any person who occupies the premises or place. In case of absence of the incumbent, the search has been practicing in the presence of a law clerk who raise record with a list of each and every one of the documents and goods seized. Exceptionally and for reasons of urgency, the search can be practised without the presence of the court clerk, with the verbal permission of the previous Mayor, who will have to reason the permission later.
b) Retain all the pieces and objects that refer to the infringement, in particular weapons and instruments that have been used or were intended for the perpetrator, and also everything that seems to have been the product of the offence or that may constitute a sign. The objects seized are to seal and attach to the proceedings were carried out, together with the full inventory. When by its volume or other features are not requisats goods may be attached to the file, you must make the corresponding list indicating the place where you will find each one and the person who takes charge, and the goods have to be in court. The seal of all property seized may be lifted only by the judge or the Court. The goods that do not have interest to the cause they have to give, as soon as possible, the destination referred to in article 79.
Even in the event that the police has not had time to examine material all retained objects, these objects must be handed over to the Mayor, unless, by summons, and authorize the Mayor reasoned the police to examine them for a maximum period of ten days, without prejudice to later remember the practice of expert evidence in accordance with articles 80 and following.
c) enter a home or in another place and search it when an offender immediately chased you hide or there are shelters, or be surprised in flagrante in the Commission of a crime. If it proceeds to a sleuthing it must comply with the formalities provided for in points) and b) above.
of postal, telegraphic, telephone communications Involved) or others, with legal authorisation, under the conditions provided for in the second paragraph of article 87.
e) Proceed to the appropriate audiovisual technical recordings, with the prior judicial authorisation and motivated.
2. Obtaining any evidence that could affect the integrity and privacy of the person investigated requires the prior judicial authorization due in the event of refusal or lack of consent. Excepts of this obligation, provided that there is no risk to health or cruel treatment, inhuman, degrading or involve:-the wheels of recognition.
-Dactiloscòpics examinations or other examinations anthropomorphic.
-The personal frisking of the belongings or vehicle, as long as they do not constitute the official address of the suspect.
-The inspection body and the exam that does not affect the intimate parts of the body. ".
Article 2 amendment to article 27 modifies article 27 of the code of criminal procedure, which is worded as follows: "Article 27 1. The agents of the police force have the obligation to stop: a) The person who attempts to commit a crime.
b) The offender in flagrante.
c) the escàpol from the jail.
d) processing in a situation of temporary prison or sentenced rebel which he left prison sentence to comply.
e) the person against whom there is reason to believe that he has participated in the Commission of a crime or of which it can be presumed that not compareixerà when it is quoted before the judicial authority.
2. In the area of money laundering of money or securities or underlying offences that originate, via the corresponding aute motivated, the Mayor instructor can release the police officers of the obligation to arrest and agreed that it will not arrest the suspected of the Commission of the offence or defer the arrest, in order to identify the people involved or get the necessary tests as long as there is a proportion of the interest of the investigation and the danger that the lack of arrest might. ".
Article 3 amendment to article 40 modifies the article 40 of the code of criminal procedure, which is worded as follows: "Article 40 When with the elements of the fact that in the crowded, in the complaint or in the lawsuit don't you can determine the nature and the circumstances, people who have been involved or the appropriate procedure, the Mayor must instruct previous steps , which must be registered in the corresponding book, and shall account to the public prosecutor. The instruction of the previous steps will have to be made so abbreviated, accurate and with speed.
The Mayor may be decreed by aute motivated the total or partial of the secret proceedings before incoades to felony, up to a maximum duration of one month.
Obtaining any evidence that could affect the integrity and the privacy of the people requires prior court order due and compliance with the legal requirements established by this code for the phase of instruction. ".
Article 4 Amendment of article 66 article 66 is modified of the code of criminal procedure, which is worded as follows: "Article 66 the Mayor can do cite everyone's statement which considers useful, and particularly the complainant. Even can be moved close to the witness if the witness is impossible to appear.
If this is one of those defined in article 144 will have to adopt the preventions stipulated in that article. ".
Article 5 Amendment of article 87 article 87 is modified of the code of criminal procedure, which is worded as follows: "Article 87 1. The batlle instructor should strive, even in the case of confessed the inculpado credit, to collect all the appropriate items in order to establish, where applicable, the liability of the offense to the inculpado credit and determine guilt or innocence.
To do this, you must proceed, depending on the circumstances, to the confrontations at the site; the occupation of the object; in the questioning of witnesses, of the victim and of the inculpado credit; You must sort the opinions, and finally, you must examine the evidence and presumptions.
2. In the field of major crimes, in all cases, and in the case of minor offences of corruption or traffic of influences, if the practice of telephone communications, telegraphic, postcards or other is considered useful for the search for the truth, the judge may order this measure at any point during the investigation in the following conditions: a) the authorization is given by the corresponding summons , you will immediately notify the public prosecutor. You must bring a foliat log, in which the Mayor has authorised to score immediately to take decisions on the matter.
b) summons the Mayor must specify the crime of what it is, people allegedly involved, if there are of well known, as well as the reasons why it is necessary to use this procedure, and all the elements of identification of the communication to be intercepted. The duration of the hearing, which may not exceed two months, you can renew for aute motivated, twice under the same conditions.
c) the intervention made by the person or service designated by the Mayor, who are subject to professional secrecy, and goes under the control of Mayor instructor.
d) recorded tapes, or supports computer material or where they picked up communications, should be fully taped, and entirely to the summary. The texts or documents intended to be played on the sight of the cause must be chosen so contradictory with the prosecution and defense by the mayor or the judicial police officer instructor ability to this effect by the Mayor, and reproduced in its entirety.
e) The unused tapes should be preserved as an annex to the summary and, on the final resolution of the case, either by damning judgment or absolution, either by oversight or by simple prescription of the alleged crime, they must be destroyed along with the used, under the control of the judicial authority.
f) Any intervention cannot take place in the case of a lawyer's Office or from your home, without that advance the Mayor n report the Dean of the College of lawyers.
3. The extent of tapping can adopt to separate piece, on which can be entrusted to the secret sumarial while the cause and has been joined in the summary once the intervention. In the event that the intervention does not provide evidence of criminality and raise the secret sumarial, the Mayor must communicate the performance to the interested party, who may know the contents of the information collected.
4. In case it is necessary to obtain information from any financial institution or a natural or legal person subject to professional secrecy, the Mayor has to agree to sentence motivated.
5. In the area of major crimes, obtaining any evidence that could affect the integrity and the privacy of the people investigated, against their consent or without their consent, have to decided by aute motivated, bearing in mind the suitability and adequacy of the measure for the determination of the facts, the need for the same measure so that it becomes essential to find out the facts , and the proportionality of the measure, bearing in mind the interest of the investigation, given the evidence obtained and the severity of the crime pursued, and the involvement of the fundamental right that represents, which should always be respected in its essential content.
The summons must indicate the persons authorized for the practice of the test. In any case you can't agree on the completion of a test that involves a risk for the health or constitutes a cruel, inhuman or degrading.
6. The same guarantees set out in this article must be respected when the owner of the home, the Office or of the means of communication used for the Commission of the felony is a juridical person. ".
Article 6 Amendment 108 article modifies the article 108 of the code of criminal procedure, which is worded as follows: "Article 108
The period of provisional prison or provisional arrest with or without monitoring control may not exceed four months.
However, the mayor or the competent court may, by reasoned decision, to extend this period by the same time, after which they must agree on the mandatory parole in the case of minor offences. In the case of major crimes, and only with regard to the situation of temporary prison, the extensions are in four months and may not exceed two. In the case of causes in a row for the crimes of homicide, murder, torture, rape, of slavery, of drug trafficking, hijacking, illegal traffic of children, traffic of weapons, of pandering, of terrorism, of the financing of terrorism, money laundering or securities, of Association to threaten the Principality or against the constitutional order and for the crimes against the international community, there is no a third overtime and exceptionally a fourth as long as it is at the request of the public prosecutor, due to the special gravity of the offenses persecuted.
In any case, the temporary prison term may not exceed half of the penalty specified in the penal code for the crime or crimes for which it has been processed, taking into account the system of accumulation of penalties, and the term of arrest may not exceed eight months.
If the appeal period of remand may not exceed eighteen months from the notification of the sentence and, in any case, remember the mandatory provisional freedom when the period of temporary prison reaches the penalty imposed by the Court of first instance.
If after the Commission of the offence, and the accused is in a situation of prison or provisional arrest, ensues his dementia, the judge or the Court must have membership in an appropriate establishment, is to go out, when you get high and having previously informed the judicial authority, to continue in the same procedural situation above. The internally suspended the deadlines set for the prison and the provisional arrest, without prejudice that may be taken into account at a later date for the payment of the penalty of imprisonment or arrest. Against the decision to internally adopted by Mayor instructor or the Court can be lodged, in accordance with the provisions of articles 194 and 195, respectively and below. ".
Article 7 Amendment 116 article modifies the article 116 of the code of criminal procedure, which is worded as follows: "Article 116 trademarks to ensure the possible civil liability, the Mayor must agree to sentence motivated the embargo and the kidnapping, during the processing of the previous steps, or summary, of all funds on which there is evidence enough to believe that goals are the product , directly or indirectly, of the offence, for the purpose of ensuring the fulfilment of comís and comís by equivalent provisions to article 70 of the penal code. You can also garnish wages or hijack the goods and rights belonging to a third party not liable unless this third are acquired legally in accordance with the provisions of articles 119 and 120.
For the purposes of this article, it is understood by the financial assets, of whatever nature, goods, material or immaterial, movable or immovable, and legal documents or instruments in any form, titles, even the electronic or digital, that certify the right of property or an interest in the same property, especially, but not exclusively, the belongings and bank credits, the traveller's cheques the cheques, payment orders, stocks, the securities, the bonds, letters of credit and change.
The Mayor has to take the necessary provisions to ensure the conservation of the embargoed assets in good condition with their products and accessions and, if necessary, appoints an administrator. Whether it is money or financial products that are kept in a Bank, the judge or the Court can agree that they are deposited at the Institut Nacional Andorrà de Finances (INAF), with the corresponding previous settlement if it is financial products. The INAF has put at the disposal of the judicial authority, the amount deposited and the usual interests produced when required by this authority.
In the area of money laundering of money or securities or underlying offences that originate, via the corresponding aute motivated, the Mayor can instructor agreed that it will not proceed with the kidnapping or the seizure of property and rights of these, or defer the arrest or abduction, authorize any operation, transfer or any alienation of any right which should be the subject of a further comís in order to identify the people involved or get the necessary testing, whenever there is a proportion of the interest of the investigation and the danger that the operation, the transfer or the transfer or the lack of attachment or sequestration can represent. ".
Article 8 Amendment of article 122 bis modifies the article 122 bis of the code of criminal procedure, which is worded as follows: "Article 122 bis 1. The Mayor, instructor, or if applicable the Mayor on duty, you can authorize, on demand of the director of the police force, the circulation or delivery of toxic drugs, narcotics or psychotropic substances, as well as guns, ammunition or explosives, works of art, counterfeit currency, depictions of children engaged in sexual activities or their sexual parts, human organs, objects or money and values derived from an operation laundering money or securities or underlying offences that originate or of crimes under corruption or traffic of influences. By adopting these measures, must be taken into account if they are needed with regard to the importance of the crime and with the possibilities of surveillance.
2. The circulation or the controlled delivery is to allow illicit shipments of drugs, substances or objects mentioned in the previous paragraph, as well as of things or securities that have replaced, and keep track of the movement, the exit or entry without interference that hamper it by the authority or its agents and under their surveillance. This operation aims to discover or identify people involved in the Commission of any crime in connection with the said drugs, objects or substances or to provide assistance to foreign authorities pursue the same purposes.
3. police officials need to account for their actions immediately to the competent Mayor. ".
Article 9 Amendment of article 122 ter
Modifies the article 122 ter of the code of criminal procedure, which is worded as follows: "Article 122 ter Mayor instructor, or if applicable the Mayor on duty, you can license to demand of the director of the police force the active participation of an undercover agent in the crimes related to the drug, firearms, counterfeit, pimping, terrorism , the sale of children, child prostitution and the use of children in pornography, the trafficking of human organs and the laundering of money or securities or underlying crimes that originate or are minor offences of corruption or traffic of influences.
This undercover agent must necessarily take the condition of police officer with judicial police functions. ".
Article 10 Amendment 144 article modifies the article 144 of the code of criminal procedure, which is worded as follows: "Article 144 once the Court has commanded that you present to declare a witness, asks your name, last name, State, age and profession; If you know or not the case and if there is kinship, friendship, or any other relationship. Given the oath or promise that you will be required, the Court and, after the parties, you can do the questions they deem more appropriate and relevant to clarify the facts on which to report.
If the witness is a member of the police force or Prison's body has been mentioned only the identification number. The personal data of the interested party only will reveal if there are legitimate or justified cause.
The same misgivings can be applied to victims as defined in article 114 of the criminal code. ".
Article 11 Add a new article with the number 157 bis is added a new article to the code of criminal procedure, with the following wording: "Article 157 bis after the view of the cause, the Court, due to the difficulty of the case examined, the severity of the crimes subject to the same cause, and any other circumstance worthy of consideration, communicate to the parties the date on which we will proceed to the reading of the sentence. The communication has the purpose of citation if they agree to the Court. Exceptionally, the Court may agree on the posposició of communication, and point out its new date, for reasons justified. ".
Article 12 Amendment 163 article modifies the article 163 of the code of criminal procedure, which is worded as follows: "Article 163 the crimes and the criminal contravencions can be judged by the Criminal Procedure Ordinance provided that the procedure does not follow, in addition to a felony.
You can also make use of the procedure of criminal Ordinance when, in addition to resolving the criminal responsibility, we must resolve on civil liability arising from the criminal offence. In this case, if not you can do the delivery in the same Act, the issue must be resolved in the period of execution of judgment, in which will determine those responsible for civilians, the degree of responsibility and the quàntums award. To guarantee the right to defence, it should be attributed to the trade lawyer responsible for criminal law, if you are not named, and also, as long as they make sure to turn to the benefit of poverty, to any other person against which you run the civil action arising from the crime.
In case you make use of the criminal Ordinance at the time in which a detainee is brought to justice and to take her statement, rather than the lawyer by trade, acts the lawyer on duty. ".
Article 13 Amendment 165 article modifies the article 165 of the code of criminal procedure, which is worded as follows: "Article 165 Notified the Ordinance to the interested party, the lawyer who ensure the defence and the public prosecutor, the latter and those interested, with prior consultation with his lawyer, at that same event, can ask for simple opposition demonstration in front of the Secretary of the Council.
In the absence of opposition the Ordinance becomes firm and a seasoned. In this case it notifies in writing the same criminal act and the Ordinance, which must contain a short summary of the facts, their legal qualification and the penalty imposed, and, if appropriate, the register of Criminal. ".
Article 14 Amendment of article 179 modifies the article 179 of the code of criminal procedure, which is worded as follows: "Article 179 The appeals should contain the resolution of the mayor or the Court, the date on which they agree, the rubric of the mayor or magistrates and the signature of the Secretary.
The aunt should be write based on specific and limited, the recitals and the resulting one and the other, in the issue that will decide. The aunt susceptible of appeal should indicate the type of resource and the period in which you can stand. ".
Article 15 Amendment 181 article modifies the article 181 of the code of criminal procedure, which is worded as follows: "Article 181 1. The judgment must also resolve: a) On the issues referred to in article 124, on the comís and the other accessory consequences, and on civil liability trial object ordering, if applicable, the refund and, if it is not possible, the appropriate compensation, the repair of damages and compensation for moral and material damages.
b) On the statement of complaint libelous if it is coming from.
c) On the payment of procedural costs.
d) On payment of any measure of personal character, adopted prevention, for the fulfillment of the penalty imposed, unless the provisional prison, which will be provided.
e) About the possible exemption of registration of criminal or restriction of advertising of the same background, either decretada ex officio or at the request of decretada either part.
2. The judgments that are likely to appeal must indicate the type of resource and the period in which you can stand. ".
Article 16 Amendment 208 article modifies the article 208 of the code of criminal procedure, which is worded as follows: "Article 208 the fulfillment in Andorra of the custodial and restrictive of liberty conform to the provisions of special laws and corresponding regulations. In terms of deprivation of driver's license, the Court may make use of the powers that article 110, paragraph 2, letter c) gives the Mayor an instructor.
It must be paid entirely the pre-trial, the time of arrest and the time of deprivation of permission of weapon or drive that has been carried out during the instruction of the cause, taking into account, if appropriate, the provisions of article 110, paragraph 2, letter c) and the following equivalents:
-A festive time arrest in prison is equivalent to two days in prison, or if it has been fulfilled to the address.
-Two days of night or partial arrest prison diary are equivalent to one day of imprisonment, or half if it has been fulfilled to the address.
-Two days of house arrest are equivalent to one day of imprisonment.
The benefits related to the reduction or the fulfillment of the penalties of imprisonment or arrest are accumulative within the limits established by law. ".
Article 17 Amendment of article 209 article 209 is modified of the code of criminal procedure, which is worded as follows: "Article 209 1. In the case of disqualification of freedom over a complete month in Andorra, the Court may, ex officio or at the request of the director of the prison, after their previous report of the public prosecutor's Office, agreed to a sentence reduction for good behavior and collaboration of taken on the activities of the Centre.
This reduction may not be greater than 2.5 days per month of imprisonment or arrest met in prison imposed penalty on calculated.
2. The courts may withdraw completely or partially, ex officio or at the request of the director of the prison or the public prosecutor's Office, the reduction agreed in the case of infringement of the rules in case of sentenced to prison misconduct.
3. you may not lodge an appeal against decisions rendered in this matter. ".
Article 18 Amendment 230 article modifies the article 230 of the code of criminal procedure, which is worded as follows: "Article 230 The sentenced who, in the period of execution of judgment, have fulfilled at least two thirds of the penalty of prison firm, after having applied the benefits of the 209 article if this is the case, you can request to receive the semillibertat scheme with or without monitoring control , for a period equal to the duration of the penalty which is to accomplish, regardless of the provisions of the previous article.
Agreed the semillibertat by the Court on the merits of this article or of the previous article, and spent half of the envisaged deadline for the semillibertat, the Court shall, ex officio or at the request of the prisoner, may his probation for a period equal to the duration of the penalty that is to comply.
The courts may grant the parole also convicted, have been kicked out or not, when you have fulfilled the five sixths of the prison sentence imposed on the firm, or of the resulting rushing attempts after the application of the benefit provisions of article 209 and regardless of whether the prison sentence has been replaced by that of house arrest stipulated in article 210.
This benefit is also applicable to the penalties of arrest. ".
First final provision is delegated 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 articles of the law for the modification of the code of criminal procedure, of 10 December 1998, amended by the law of international criminal cooperation and the fight against the laundering of money or securities arising from
International, of 29 December 2000, and by law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure, 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.
Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra