Law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure since the General Council in its session of February 21, 2005, has approved the following: law 10/2005, of 21 February, qualified for the modification of the code of criminal procedure of the new Criminal Code enactment The preamble obliged to repeal or amend certain rules of the code of criminal procedure , which had already been modified as a whole by the qualified law on modification of the code of criminal procedure, of 10 December 1998, and partly by the law of international criminal cooperation and the fight against the laundering of money or securities of international crime, of 29 December 2000, in order to adapt it to the new substantive rules. Certain articles, especially those that made reference to the figures of the suspension and the replacement of the penalties, have had to be repealed, as the new penal code these punitive figures, and others, also related to the same figures, but procedural content, have had to make the appropriate modifications.
Taking the opportunity, they have fixed other articles that featured small defects that had become commercially viable in the course of their application and that entorpien the criminal proceedings unnecessarily or created dysfunctions in the judicial practice. The inclusion of these amendments, which did not have a direct link with the new regulations, material and the same extension of the modifications carried out excluded the possibility of proceeding to the modifications allegedly by a final provision of the new Criminal Code, and therefore has been thought appropriate to promulgate separate the present law for the modification of the code of criminal procedure.
Article Derogacions 1 are repealed articles 215, 216, 217, 220, 222 and 223 of the code of criminal procedure in force.
Article 2 Amendments modify the articles 2, 7, 14, 16, 21, 23, 26, 30, 31, 39, 41, 55, 77, 103, 104, 108, 110, 122, the Untitled sixteenth section of chapter IV of the second Title and articles 122 bis, ter and quater 122 122, 123, 129, 130, and articles 132, 163, 164, 165, 166, 196, 200, 202, 205 208 213 214, 219, 221, 230, 232, 264, and, of the criminal procedure code in force, which are written as follows: "Article 2 the right to administer justice in criminal matters, judging and run what has been judged, relates exclusively to the Court of Justice of Andorra, in the Court of Corts, its president, to the Court of Batlles and magistrates, without prejudice to the competence which corresponds to other international bodies on the merits of the corresponding treaties established in accordance with the
the provisions of article 65 of the Constitution. "" Article 7 1. The batlles and magistrates have to abstain, and in case of not doing so can be objected to, in the following cases: marriage or de facto situation equivalent, or relatives to the fourth degree with any of the parties, their counsel or the representative of the public prosecutor's Office; to be or to have been tutor, lawyer or solicitor of any of the parties; be or have been denounced, accused or defendant by any of the parties, unless the complaint, accusation or demand has not been accepted or has been rejected due to lack of overt Foundation;
have or have had any economic, commercial or legal relationship with any of the parties or their lawyers; have civil lawsuit pending with any of the parties or their counsel; have a friendship or enmity with any of the parties or their lawyers; have a direct interest in the subject-matter of the dispute; was the superior of one of the parties in dispute.
2. Can't make room together those mayors or magistrates who are United by marriage or relationship situation in fact equivalent, or those who have among them relatives up to the second degree of consanguinity or affinity.
3. Can object to the public prosecutor, the processing, the actor or the particular Rwandan civil, responsible for subsidiary civil or their lawyers.
4. The president of the magistrates and of the respective courts shall be informed by the mayor or magistrate who has decided to refrain from their motivations and decide on the origin of his admission. When the president of batlles refrain must notify the oldest and youngest Mayor in Office, attached to the affected section, which must decide on the origin of his admission. When the president of the Court refrain must report to the other judges, who have to decide on the origin of his admission.
5. The High Court resolves on the recusacions of the members of the Court of Corts, and this, on the of the magistrates. If the challenge is aimed at a member of the High Court, must solve a section of three members of which may not be part of the recusat.
6. For as long as he substanciï the challenge, the judge should refrain from recusat to understand the cause. In the case of a mayor, replaces it in the instruction following the Mayor in turn. "" Article 14 the criminal action for a crime or contravention penalty is public. The public prosecutor's Office is exerted in all cases in which the law does not require the instance of the compounded or offended.
Are not part in the proceedings the complainants or harmed who have not been formally constituted in particular or private charge, or in civil actor.
The exercise of criminal action by the harmed or offended by the infringement of trade perseguible or perseguible prior complaint, entails necessarily the presentation of the complaint, and in the form stipulated in article 39, the Constitution in particular accusation, the appointment of lawyer and residing in the Principality and, subsequently, the specific penalty request against the author and other participants of the violation at the time of the legal qualification of the cause.
The Constitution in particular charge can occur at any time of the instruction of the cause until you've dictated aute of conclusion of the summary.
The associations and corporations legally constituted may exercise criminal and civil actions for the defence of collective interests they represent. These legal entities act through their legal representative. "" Article 16 1. The criminal action arising from offences or criminal contravencions referred to articles 158, 168, 193, 179.2, 232 and 514 of the penal code, requires the prior complaint or complaint of the offended person, his legal representative or of the public prosecutor, in cases where established, you will have to weigh the
concurrent interests. The exercise of criminal action by the harmed carries the same requirements for the offences prosecutable ex officio referred to article 14 above.
These crimes, semi-public available character, forgiveness from the offended not terminated the action or criminal liability.
2. criminal action arising from offences referred to article 179.1, 242, 479, and 487 of the criminal code, as well as the criminal contravencions of damage to traffic accident referred to in the article 485 of the penal code, which requires the filing of complaint of the injured party or his legal representative.
These crimes, private character, the exercise of the criminal action takes place as a private accusation, in the manner and under the conditions of article 14, and the renunciation of the criminal action in any State of the procedure entails the extinction and the file of the case. "" Article 21 penal action will be terminated due to the amnesty, prescription and the death of the inculpado credit, but remains the civil against the offender or his heirs and successors, that only you can exercise before the civil jurisdiction.
The pardon does not mean the extinction of the criminal action, but should be taken into account at the time of the execution of the penalty. Unless the Decree of pardon prescribes otherwise, when in fact it is more than one applicable criminal pardon, apply all accumulated form. "" Article 23 1. The police report must contain: a) the place, time, day, month and year in which you start.
b) the name, profession, marital status and registered office of each of the people who have been involved.
c) statements, reports and the results of any diligence and abbreviated report, aimed to get not only the complete knowledge of the fact respected criminal and all the circumstances, both favourable and adverse, which will contribute to the exact qualification of the offence, but also the reference of any presumption, indication or suspicion for which they can get to discover authors and accomplices.
d) the signing of all who have taken part in the proceedings, or the mention of why not to sign.
e) the determination of the police officers who have been involved and the proceedings were carried out by each of them as well as the complete list of all weapons, instruments, vehicles, mobile phones, the objects, documents and other goods seized with indication of the place where they are, when they can be attached to the file in accordance with the provisions of point 2 of article 26. Equally we must specify the place and the person of the trustee in the case of damaged vehicles.
2. the police reports and statements that made the police officers as a result of the investigations that have practiced are considered complaints to legal effects. In any case, in the crowded should not make mention of the legal qualification of the facts content. "" Article 26 To gather the necessary evidence, the agents of the Police Service, whenever necessary, should: 1. Move to the site of the offence; proceed to all verification materials, conducting, 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 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 fee will be the search and think the convenience of weeklies in practice.
The authorisation is presented to any person who occupies the premises or place. In case of absence of the incumbent weeklies 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.
2. 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 could constitute an indication. The objects seized must be taped and must attach to the proceedings were carried out, together with the full inventory.
When by its volume or other features requisats goods cannot 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 case that the police has not had time to examine material all retained objects, these objects must be delivered 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 of the present code.
3. Enter a home or another site and register 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 must comply with the formalities provided for in points 1 and 2 above.
4. participate the postal, telegraphic, telephone or other communications, with legal authorization, under the conditions provided for in the second paragraph of article 87.
5. Proceed to the appropriate audiovisual technical recordings. "" Article 30 the person against which there is no indication that let assume that has committed or has attempted to commit a criminal offence should only remain in the judicial police or the time required to testify as a witness.
In the Declaration are evidence of criminal involvement of the witness in the crime investigated or another, it has to stop immediately the Declaration and proceed in the manner provided for in article 24 and following of the present code. "" Article 31
At the end of the preliminary survey, the totality of the proceedings made must be sent immediately to the batlle instructor. The sending of the file and the personal belongings of the interested party cannot exceed the deadlines established by the article 28 when they affect a person arrested or has been proceeded to the retention of their driving permit, weapon or other personal documentation. "" Article 39 the criminal action can only be exercised in lawsuit, in accordance with the following rules: 1. In the written filing have been to express the identity information of the querellant and the querellat of which it has knowledge, detailed explanation of the facts with their legal qualification and of the proceedings, and requested that the claims about the procedural situation and property of querellat.
2. In the event of infringements of slander, defamation and injury has been trying to advance the conciliation Court, and when they have been proferides in a trial, it is necessary to obtain prior authorization from the mayor or the corresponding court.
3. The complaint must be signed by the querellant or your attorney or representative, and his lawyer. In any case, the Mayor has received after the Declaration of querellant, if you are an individual, or of the legal representative of the entity, if it is a legal person, by means of the Commission rogatòria or any other means at its disposal.
Filed the lawsuit, the Mayor allows or rejects according to which the facts may be or not constituting a crime and, in the first case, send the appropriate steps and practice requires, if you believe appropriate, the provision of bail in the amount and the class considered necessary. "" Article 41 when it is clear that the facts are clearly constitute a crime or penal contravention, or that they are not, it is not derived from previous steps already. In the latter case should proceed to file the actions as proceedings unresolved. "" Article 55 before the first statement of the accused, the Mayor has to report in front of lawyer of rights; In addition, the accused must be signed in accordance with I have notified and must mention or ratify the appointment of lawyer. If the accused has not appointed, acts always the lawyer on duty.
Then the lawyer of the accused, whether the lawyer on duty or that you have designated, you can meet with the accused and, at the same time, have access to the activities engaged in, except that the secret decreti sumarial, of all or a part of it.
Then, you take the statement accused. "" Article 77 if the sleuthing takes place in the abode of the inculpado credit, you can practise any time of the day or night, and in his presence, if there is.
If the address of any other citizen, and except that the Mayor believes it is essential, can only be performed from 6 hours to 21 hours.
The interested party has the right to attend if you are in the home.
In case of absence of the person concerned or of the inculpado credit, or of a person designated to one of them, you have to be there the law clerk, who must pick up the corresponding minutes. "" Article 103 the Mayor can be decreed, in the summons or by processing aute later, arguing the reasons for this exceptional measure in addition to those that the imputation of a crime consisting of processing, the temporary prison or provisional arrest, in any of its three modalities, of the prosecuted for a crime: 1. When the freedom of processing to present a danger to public safety , or the fact has caused alarm.
2. If there are reasons, taking into account the circumstances of the facts and the seriousness of the offence and the penalty assigned, to believe that the criminal will try to withdraw the action of Justice.
3. If the crime has caused damage to a third party and has not been presented a bond or a security deposit enough.
4. If detention is necessary for the protection of processing or to prevent the repetition of the offence.
5. If the inculpado credit does not comply with the order of appearance dictated by the Court or the Mayor.
6. If the maintenance release may harm the normal development of the instruction.
The Mayor can take control at all times, by the Police Service, the presence of processing in the place assigned in case of arrest.
The measures of control monitored by electronic surveillance systems may not be adopted without the prior consent of the interested party, and the phone charges or of another kind were generated by processed, except in the case that you do not have sufficient economic resources. "" Article 104 Against the resolution of the mayor who agrees or refuses the imprisonment, arrest or provisional freedom, or any measure of insurance of civil responsibility, can interpose resource of appeal in the manner provided for in article 194 of this code.
The Mayor must warn the processing and the head of the civil law grants them this article. "" Article 108 the term of provisional prison or provisional arrest with or without monitored 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. Exceptionally there is no a third extension in the case of causes followed by crimes of drug trafficking, hijacking, illegal traffic of children, traffic of weapons, of pandering, of terrorism or money laundering or of values from fingers, as well as crimes of Association to threaten the Principality or the constitutional order.
In any case, the temporary prison term may not exceed half the penalty specified in the penal code by or for 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, finding the accused in prison or provisional arrest, ensues his dementia, the judge or the Court must have membership in an appropriate establishment, is to go out, when
obtain the medical release 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 following of the present code. "" Article 110 1. The Mayor can affect the effectiveness of provisional freedom in the provision of a security deposit or to satisfy, exceptionally, within a maximum period of 24 hours, and must determine the nature and the amount you have to pay, given the nature of the offence, the quantum of the damage caused, the solvency and the background of the processing, the possible interest of the latter to withdraw to the action of the justice and the social impact of the fact.
The Mayor can at any time, if you have changed your previous appreciation of the fact or the circumstances, modify the amount of the security deposit or leave without effect the parole and agreed to back the prison or other restrictive measure of rights.
2. The Mayor may also affect the effectiveness of the temporary freedom to fulfil one or more of the following: a) to justify the exercise of regular work.
b) presented in terms prefixed to the Council or to the agency that the Mayor determined.
c) refrain from driving vehicles cars, with delivery of the driving licence. In the event that during the instruction of the case will allow the drive to work, every day should be counted as a half-day penalty of withdrawal of permission.
d) abstain from attending public places certain or come close to or come into contact with one or more people, or to drive or stay in a village or in a close radius of the home or workplace of the victim or third parties.
e) Stay at home during the hours established by the Mayor, with or without monitored control.
f) Stay in the Principality with delivery, if any, of the documentation of identity and passport, with or without monitored control.
g) to submit to medical examination certain measures, treatment or care, even in hospital.
h) refrain from delivering checks, with delivery of services, if applicable.
I) justify the fulfilment of family burdens imposed by law.
j) refrain from making use of any weapon, with the permission of weapons and these weapons, if necessary.
In the event of non-compliance the Mayor can order the imprisonment or arrest immediately.
Monitored control measures may not be adopted without the prior written consent of the person concerned, and the phone charges or of another kind were generated by processed, except in the case that you do not have sufficient economic resources. "" Article 122 Made the evidence requested, or rejected, by reasoned decision, the Mayor gives aute of conclusion of the summary, which will notify the individual or private accusing, to the actor, civil processing and for people who have been declared responsible for civilians. At the same time, notify the public prosecutor's Office and are the aunt in the competent court. "" 16th section. Guarded delivery of malicious objects and undercover agent Article 122 bis 1. The Mayor, instructor, or if applicable the Mayor on duty, you can license to demand of the director of Police Service delivery or circulation of toxic drugs, narcotics or psychotropic substances, as well as firearms, works of art, counterfeit currency, depictions of children engaged in sexual activities or their sexual parts, human organs, objects or money and values from a money laundering operation. By adopting these measures, must be taken into account if they are necessary in relation 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 122 ter Mayor instructor, or if applicable the Mayor on duty, you can authorize the director of the Police Service in demand 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 money laundering.
This undercover agent must necessarily take the condition of police officer with judicial police functions.
Article 122 c does For application of the two previous articles, without prejudice to international agreements that have on the subject, the competent judge may condition the agreement given to the foreign authorities to comply with particular requirements in relation to the Organization and control of the measurement by the Andorran authorities.
In all cases, the judicial authorities and the Police Service of Andorra must be informed with the utmost care the development of measurement and of all event which may have significance in the operation. "" Article 123 Received the aunt, the Court puts them out immediately to the Secretary of the tribunal, the Prosecutor, to the actor in the civil querellant, Defender or to advocates and third parties responsible, within a term set of 15 days, so that they can come up with: a) the practice of new proceedings sumarials.
b) the practice of those tests that cannot be practiced in the time of the hearing.
c) the dismissal of the case.
d) any other statement necessary to their right.
e) the opening of the oral judgment. When the Prosecutor requests the opening of the oral trial in the same written must formulate the provisional classification of the facts and must come up with the tests which try to fend. "" Article 129 The ultimate dismissal is irrevocable and firmly closed the trial.
The temporary dismissal leaves open the summary to the emergence of new
data or vouchers, except in the case of prescription.
In the case of provisional dismissal or termination of criminal action by reason of the death of the accused, provided that in such cases is checked the fact criminal, money or values coming from felony or misdemeanor and the goods acquired with these or their consideration can be comís in accordance with the provisions of article 70 of the penal code. For this purpose, the procedure should continue with the representatives of the heirs or legal representatives of the processing, they are considered responsible for direct civil with regard to the goods the subject of comís, unless they give up the property, and must proceed at the sight of the cause and to hand down judgment declaring the existence or not of the crime and decreed the comís ultimate or raising the comís provisionally agreed.
Against the judgment granted or raise your comís there is no recourse of appeal in the form established by article 195. "" Article 130 if the public prosecutor asks the dismissal and there has been no Constitution in particular charge, the Court must order that will know the intention of tax to people who may be interested in exercising the criminal action within a period of 15 days to exercise it if they see fit; If you do not do so, the Court agreed the dismissal.
In the event that already there is Constitution in particular accusation, or set up this merit to that provided for in the previous paragraph, it should be given a period of 15 days to submit the letter requesting the opening of the trial and in the same written enquiry provisional rating of facts and suggest the evidence of which is intended to fend. lack of presentation within the term referred to the withdrawal of the criminal action and of the civil action in the criminal process with the loss of the quality of the part. "" Article 132 the cause for a qualified attorney, moved to the parties for a period of 15 days the prosecution or civil actor and, if this is the case, meeting the letter of qualification. The lack of presentation within the term referred to the withdrawal of the criminal action and the civil action in the criminal process with the loss of the quality of the part. After the deadline mentioned, processed and defenders of the third parties legally responsible should formulate the corresponding qualification, accompanied by the corresponding copies to the public prosecutor and the other parts.
The rating's writings should be mentioned: 1. The events that are considered to be tested.
2. Their legal qualification.
3. People who are considered responsible for criminal proceedings, and their degree of participation and the circumstances exemptions or amending of the criminal responsibility which affect them.
4. The acquittal or sentence commences, with the exception of the actor or the civil responsibility.
5. The people who are considered to be responsible for crime and civil liability of each internal rate.
6. civil claims made.
7. The tests requested. If you apply for a proof that acts on the part of the Court the appointment of people to appear in the sight of the cause, the demand must be filed at least ten days advance notice. "" 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 quantums of compensation. 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 crime. "" Article 164 The batlle of the guard or the Mayor instructor, after reviewing the police transcript, at any time of the instruction, even before he had given a written statement in front of the inculpado credit, it may be decided, by the criminal Ordinance, verbally and without any other formality except the request to the public prosecutor and the lawyer advocate with regard to the facts, the personal circumstances of the applicant and the tax penalty , which must be manifest also verbally, the joint taxation or alternative penalties set out for minor crimes and the criminal contravencions up to a maximum of half. "" Article 165 Notified the Ordinance to the interested party, to your lawyer if you have designated, or the lawyer on duty if designated and to 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 criminal record check. "" Article 166 if you have formulated opposition, the Ordinance is without effect and the cause should be judged by another mayor, as a One-man Court, which corresponds to turn or, in the case of misdemeanor, after practicing the instruction, by the Court of Batlles. The mayor who agreed the Ordinance cannot be part of the Court and start the instruction of contents extending care to state the penalty proposed by the Prosecution and the defense, as well as the agreed penalty and not accepted, taking statement processing or inculpado credit and practicing the proceedings that will suit you, without prejudice to a later date, if it acts as Mayor of guard , submit the file to the appropriate instructor Mayor.
In any case, the conditions of a similar nature in the penalty proposed for regulations that are imposed for the parole of processing, should be raised ex officio by the mayor or instructor to the Court, no later than the time when they would have met the penalty proposed by Ordinance, if it had been accepted, taking into account the equivalents of fixed penalties in the criminal code. "" Article 196 are susceptible of Appeal appeal: 1. The sentences and agreements in the field of children who have not been given
in the rebellion of the condemned.
2. aunt oversight and other decisions that will prevent the criminal prosecution of the case.
3. The aunt who, in the period of execution of judgment, the parties, compensation of any nature or solve any incident, unless this code on the contrary.
4. The revocatòries resolutions of any benefit related to the fulfillment of the sentence you refer articles 214, 221 and 234.
5. The decisions referred to in article 78 of the criminal code, as well as the resolutions relating to substitution of security measures, or to leave without effects the suspensions or substitution referred to in article 77 of the criminal code. "" 200 article Brought the appeal, the Court which has handed down the decision against which covers the full range of competent court sends aunt, handing over a copy of the appeal to the public prosecutor and to the other parts, and the date because in the period of 15 days to appear before the competent court.
Within the term of the appointment of the public prosecutor's Office and the other parties may oppose to the resource and the tests requested before the competent court.
The competent court delivered copy of the new resource to the other parties and to the public prosecutor, who can oppose this remedy and the tests requested, within 15 days. "" Article 202 the appellant may withdraw the appeal, either on purpose or whether to forfeit the day view. If you have other resources, the procedure of these follows its course. Otherwise, the resolution appealed becomes firm and imposing the payment of the coasts in particular appellant.
The hearing is public except in the case that the court order totally or partially held behind closed doors, due to the nature of the crime.
The convicted have the right to appear in the view, and for this purpose you must report the date and time of the event; It also has the right to provide him an interpreter, if necessary, and to have the last word. The nonappearance of the sentenced, unless justified according to the criteria of the Court alleged, does not suspend the conclusion of the hearing or the resolution of the appeal.
The view starts with the practice of the test admitted and continues with the reports, first, of the Prosecutor or of the particular charge private or civil or the plaintiff if you have interposed resource, or the recurring lawyer otherwise.
In case of having been brought several resources, the Court granted a single turn of intervention in each part, and intervenes in the following order: the public prosecutor's Office, if it is recurrent; private individuals or charges, whether they are recurring, in order of date of filing of the resources; the civilian actors, whether they are recurring, in order of date of filing of the resources and, finally, the lawyers of the convicted appellants also in order of the date of filing of the resources.
Finally, the parties involved who have not visited formulated resource.
The Court can do to clarify or add to any point or matter that it considers relevant to the decision.
At the end will give the word to the doomed if it is present.
Apply the rules of articles 155 and following of this Code with regard to the good order of the sessions. "" Article 205 the execution of the judgments which they relapse in trials for criminal contravencions corresponds to the Mayor; for misdemeanours, the speaker of the Court of magistrates; and major crimes, in the West of the Court of Corts. The incidents in the period of implementation are resolved by the same courts, respectively. "" In accordance with article 208 in Andorra of the custodial and restrictive of liberty conform to the provisions of special laws and corresponding regulations.
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, where appropriate, the equivalents of the article 43 of the criminal code and the provisions of article 110 paragraph 2, letter c) of the present code.
The benefits related to reduced prison sentences or to comply with the firm are accumulative within the limits established by law. "" Article 213, in the case of arrest of weekend or partial arrest newspaper in separate dependency of the prison or in your own home, it is up to the courts to fix the timetable and the specific conditions of implementation. When monitored control exists, the costs are going to charge the interested party unless you do not have sufficient economic resources. "" Article 214 against the decision to take the Court, in the case of the article 64.3 of the penal code, which can be adopted in the same sentence or a sentence later reasoned, or in the case of article 63, which is adopted in subsequent appeals sentence can be reasoned appeal. "" Article 219 the Court, ex officio or at the request of a party, in accordance with the provisions of article 63 of the penal code, you can modify the obligations imposed or reduce the period during which will be applicable, after their written report of the public prosecutor, the defence and, if applicable, of the injured party. "" Article 221, in the event of breach of the terms of the suspension, or in case of lack of notification of change of address, the Court adopts the relevant decision in accordance with the provisions of the article of the penal code 64.4, after hearing the parties. However, the Court may immediately revoke temporary. In this case must be resolved definitively within a maximum period of one month, if the condemned has been jailed. Against the decisions, both as permanent temporary, which are adopted can lodge an appeal appeal. "" 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 monitored control, for a period equal to the duration of the penalty which is to meet , 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 penalty of
prison firm imposed the sentence, or carry resulting 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 of the present code. "" Article 232 the Court agrees or refuses the reception to the regime of semillibertat or of probation, depending on the elements proving the chances of social rehabilitation of the sentenced. "" Article 264 the cancellation causes the cancellation of the antecedent to that affect. "
Article 3 is delegated the Government Delegation because within a period of six months from the date of entry into force of the present Law published in the official bulletin of the Principality of Andorra on the revised text of the code of criminal procedure, including all changes made.
Final provision this law shall enter into force after six months of being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 21 February 2005 Francesc Areny Casal 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.
Jacques Chirac Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra