Law 9/2005, Of 21 February, Andorran Criminal Code

Original Language Title: Llei 9/2005, del 21 de febrer, qualificada del Codi penal

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Law 9/2005, of 21 February, qualified of the penal code since the General Council in its session of February 21, 2005, has approved the following: Law 9/2005, of 21 February, Andorran criminal code Index preamble preliminary title. The Penal guarantees and the application of the criminal law Articles 1 to 10 the book first. General part chapter title and criminal infringement.. General rules on crimes and criminal contravencions Articles 11 to 19 second chapter. People criminally responsible for Articles 20 to 25 Chapter third. Waiver and modification of criminal responsibility Articles 26 to 31 fourth Chapter. General definitions, Articles 32 to 34 Title II. The penalties chapter. Sorting Articles 35 to 38 second chapter. Contents of sentences in the third Chapter 51 39 Articles. Determination of penalties Articles 52 to 60 fourth Chapter. Suspension, replacement and execution of penalties Articles 61 to 69 title III. Accessory consequences of crime relating to natural persons or legal persons Articles 70 and 71 title IV. The security measures chapter. General provisions Articles 72 to 76 second chapter. Execution of the security measures in Articles 77 and 78 Title V. Phasing out of the criminal responsibility chapter. Causes of extinction of criminal responsibility and penalty Articles 79 to 86 second chapter. The rehabilitation Articles 87 to 89 title VI. The civil responsibility in the Book 101 90 Articles second. Crimes and offences against human life. Articles 102 to 106 independent Title II. Offences against human life 107 Articles 109 to prenatal title III. Crimes against the physical and moral integrity chapter. Torture and offences against moral integrity committed with abuse of public Articles 110 to 112 second chapter. Offences against the health and integrity of the people Articles 113 to 119 third Chapter. Other offences against the health and integrity of human beings Articles 120 to 122 title IV. Offences relating to genetics and human reproduction Articles 123 to 130 Title v. Articles 131 and 132 of the relief duty Default Title VI. Offences against the freedom chapter. Offences against the freedom of movement of the people Articles 133 to 138 second chapter. Coercion and threats Articles 139 to 143 Title VII. Offences against sexual freedom chapter. Sexual assaults Articles 144 to 146 second chapter. Sexual abuse Articles 147 to 149 third Chapter. Offences relating to prostitution in the fourth Chapter 154 150 Articles. Crimes relating to pornography and sexually provocative behaviour Articles 155 to 157 Chapter five. Common provisions Articles 158 to 161 Title VIII. Offences against family relations chapter. Offences against the protective institutions of minors and incapable Articles 162 to 166 second chapter. Crimes committed in the exercise of the functions of protecting Articles 167 to 170 Chapter third. Bigamy Article 171 Title IX. Offences against honour Articles 172 to 181 Title X. Crimes against the privacy and the inviolability of the domicile chapter. Discovery and disclosure of secrets Articles 182 to 193 second chapter. Violation of domicile or establishment Articles 194 to 196 Title XI. Offences against heritage chapter. Patrimonial 197 Articles empowerment crimes to 206 second chapter. Extortion Article 207 third Chapter. Defraudacions Articles 208 to 215 fourth Chapter. Receptació Articles 216 to 219 Chapter five. Insolvencies Articles 220 and 221 Chapter six. 222 Items damage in the seventh Chapter 226. Common provisions Article 227 Title XII. Offences against the socio-economic order chapter. Offences relating to tenders and public auction Article 228 second chapter. Offences against intellectual and industrial property Articles 229 to 232 third Chapter. Offences relating to the market and consumers in the fourth Chapter 237 233 Articles. Crimes against commercial activity of the companies Articles 238 to 243 Chapter five. Offences against the social security Article 244 Chapter six. Crimes of smuggling Article 245 Chapter seven. Crimes against the banking and financial system Article 246 and 247 eighth Chapter. Tax crimes Article 248 Title XIII. Offences against workers ' rights Articles 249 to 252 14TH Title. Offences against collective security chapter. Nuclear power and the great havoc to 253 Articles 258 second chapter. Havoc and crimes of catastrophic risk in the third Chapter 262 259 Articles. Tenancy, traffic and deposit of weapons, ammunition or explosives Articles 263 to 267 Chapter fourth. Crimes against traffic safety Articles 268 to 272 Title XV. Offences against public health chapter. Offences against the health of the consumer Articles 273 to 280 second chapter. Offences relating to the illegal traffic of toxic drugs Articles 281 to 288 16TH Title. Crimes against the environment chapter. Crimes against the environment and natural resources Articles 289 to 293 second chapter. Crimes related to the flora and fauna Articles 294 to 298 Chapter third. 299 Articles forest fires in the fourth Chapter 304. Common provisions Articles 305 to 307 17TH Title. Crimes against the Organization of the territory and against the historical heritage Articles 308 to 312 18TH Title. Crimes against the Constitution chapter. Violent attack against the rule of law Articles 313 to 317 second chapter. Offences against the institutions of the third Chapter 325 318 Articles. Electoral offences Articles 326 to 333 fourth Chapter. Offences against the Division of powers and the duties of cooperation Articles 334 to 337 Chapter five. Crimes of discrimination Articles 338 to 340 Chapter six. Offences against the exercise of fundamental rights Articles 341 to 343 Chapter seven. Offences against the guarantees of fundamental rights first section. Offences against the guarantees of the right to individual liberty Articles 344 to 347 section second. Crimes committed by public officials against the home inviolability and other guarantees of the right to privacy Articles 348 to 350 19TH Title. Offences against public order chapter. Sedition Articles 351 to 354 second chapter. Crimes of public disorders Articles 355 to 358 third Chapter. Unlawful associations Articles 359 to the fourth Chapter 361. Crimes of terrorism Articles 362 to 367 20TH Title. Crimes against the peace and independence of the Principality Articles 368 to 371 Title XXI. Offences against the public function


Chapter first. Trespass on the public function Articles 372 and 373 second chapter. Infidelity in the custody of documents and violation of secret Articles 374 to 377 third Chapter. The concussion and the illegal charges Articles 378 and 379 Chapter fourth. Corruption and traffic of influences Articles 380 to 386 Chapter five. The illegal financing of political parties in Article 387, chapter six. Waste flows in the seventh Chapter 390 388 Items public. Other abuses in the exercise of the public function Articles 391 to 394 eighth Chapter. The illegal marriage Article 395 ninth Chapter. Attacks against officials and usurpation of public functions to 396 Articles 399 Title XXII. Offences against the administration of Justice chapter. Trespass 400 Articles 403 to judicial second chapter. The default of duty to prevent crimes or chase them Articles 404 and 405 Chapter third. Cloaking Articles 406 to 408 4th Chapter. Offences of laundering of money or securities Articles 409 to 413 Chapter five. Arbitrary execution of own right Article 414, chapter six. Accusation and complaint and simulation of crime Articles 415 to 417 Chapter seven. Testimony, opinion and false translation Articles 418 to 421 eighth Chapter. Obstruction of Justice and disloyalty in the ninth Chapter 427 422 Articles professional and procedural. Crebantament and help to escape Articles 428 and 429 Title XXIII. Offences against the security of the legal traffic chapter. Forgery of currency and ringing effects Section first. Falsity of the second Section 432 430 Articles currency. Falsehood of ringing effects Articles 433 and 434 second chapter. Forgery of documents, technical recordings and computer data Section first. Falsity of document Articles 435 to 441 section second. Falsehood of technical recordings Articles 442 to 445 third Section. 446 and 447 Articles computer data falsehood of Chapter three. 448 and 449 Articles XXIV Title personal untruths. Offences against the international community chapter. Crimes against the right of people in the second chapter 455 450 Articles. Genocide in the third Chapter 458 456 Articles. Crimes against humanity in the fourth Chapter 465 459 Articles. Crimes of war and aggression to 466 Articles 475 third book. Criminal Contravencions criminal Contravencions title and people in 476 Articles. 480 Title II. Contravencions penalties against the heritage Articles 481 to 489 title III. Criminal Contravencions against the general interests of the 490 Articles 515 additional Provisions transitional provisions Provisions derogatòries final provisions preamble i. the need for a new criminal code the criminal code in force in the Principality of Andorra is still recent, since it dates from 1990. However, the subsequent enactment, in 1993, of the Constitution strengthens the political initiative to undertake an in-depth reform of the criminal law. It was necessary that the structuring of the State on constitutional bases came up to the writing of the first criminal code approved by the General Council. On the other hand, it was obvious the need for modifications to the current text that your application has demonstrated throughout the years.

The fixing in a legislative body ordered systematically and with a vocation of permanence, in accordance with the tradition of codification, it should contribute to the stability and the knowledge of the penal law, as an essential element of definitive status libertatis of the citizen in a democratic society. The desire to make a code entirely accessible to the citizen is one of the areas with political content of the principle of legality. For this reason, without forgetting the strong characteristics of the Andorran criminal law, based on pretorianes rules with a great participation of the law, from the moment when it comes to enact a new code, it seems necessary to conform to the conception of modern criminal law systems of written law. The new code has to consolidate the material validity of the principles of criminal law and of legal certainty in the Andorran criminal law, without prejudice to give the judiciary the power of interpretation that is typical of the best Andorran tradition and give an appropriate response to the demands of Justice material.

The criminal code should be solely, however, the tip of the iceberg of a social control that cannot bypass the rules on reality which necessarily must project itself. The subsidiary nature and ultima ratio of criminal law and its fragmentary character at the time to draw the scene of prohibitions and rules that comprise it, requires a clear delineation of the different instruments of legal protection extrapenals. Criminal law is the only way you can avoid falling into the task of legal guardianship of dysfunctions in real.

II. General principles and structure of the Criminal Code of a democratic and social rule of law imposes for essential submission of the criminal law to the limits deriving from the constitutional recognition of the rights and freedoms of the citizen inviolable. Although this vision was guaranteed built up over all the code, it was considered particularly important that this starts with a preliminary title to serve as a gateway to all the articles and conditions, through scrupulous respect for the rights and freedoms of the citizen, the application and the interpretation of the text and punitive, even, the other punitive rules that can translate in special laws.

Thus, the preliminary title collection in the first place, the validity of the principle of penal legality (article 3.2 of the Constitution), with all its guarantees and derivations: taxativitat and certainty in the descriptions of the criminal behaviour (criminal guarantee), in the penalties applicable to offences (criminal guarantees) and in the form of running them (guarantee of execution), both with regard to the penalties as to the security measures, in addition to the prohibition of the analogy and the double sanction for the same fact.

It is also expressed in the preliminary title the principle of guilt or of subjective allocation, which means overcoming any form of strict liability by the requirement of actual malice or recklessness and the need for adaptation of the penal response to guilt for the fact. With regard to the security measures, establishes the criminal danger as a basis, in addition to the inescapable requirement of postdelictualitat.

The preliminary title also contains rules on the application of the criminal law in time and in space, and introduces, with regard to this last aspect, the criterion of


passive personality, which allows jurisdictional competences attributed about offences committed abroad if the victim is of Andorran nationality.

Has been chosen also for the inclusion of the principle of an international community of interests for certain crimes committed abroad.

The new code waives a structure based on the fundamental distinction of major crimes, misdemeanors and criminal contravencions, in order to avoid an excess of casuistry in the description of punishable behaviour that hinders the harmonic and systematic interpretation and facilitates the contradictions.

The delimitation between major crimes, and criminal contravencions is manifested in the criminal sanction. There will be enough, therefore, with a precise legal determination of the penalty and with a precept that this trademark where the crimes and minor offences, by the severity of the penalty envisaged, keeping, however, in the book part the criminal contravencions.

The new systematic arrangement must show their constitutional orientation, order as respects the axiològica hierarchy that the constitutional text gives all goods object of legal protection, irrespective of the fact that this group of offences that infringe upon the same legal right to understand both major crimes such as minor crimes.

III. Definition of the criminal offence, The criminal offence, consisting of a crime or a criminal contravention, is defined in accordance with the ways that you can present from the point of view of goal (action or omission) and subjective (actual malice or recklessness). In the end, regulates the Commission by default so that the unfair omissiu cannot build outside of the strict attachment to the principle of legality. In the subjective aspect is given a treatment to correct understanding based on fragmentary character recklessness of criminal law and of the principle of minimum intervention and ultima ratio. The possibilities of guardianship and repair that other branches of law (administrative law and civil), containing a load lower, make the decision to afflictive imperative to proceed to a incriminació of the recklessness of highly selective way. This concept is translated into a specific incriminació system of recklessness, rather than the old technique of generic incriminació. In this way, the offences in which there are references to their subjective form must be understood necessarily as fraudulent behaviour, and must admit the reckless Commission only there where the law expressly provides for it. The adopted model assumes that the dol must understand all the elements that make up the definition of the offence, even those who express a qualification of the fact, as the regulation of the error.

The same purpose is inspired by the incriminació system of the attempt and preparatory acts punishable, which has adopted the German model of numerus clausus. The use of the taxatiu system and closed, as well as aspire to pay the full applicability of the principle of legality, reflects the importance of the principle of ofensivitat, and in the more serious cases to punició limited, either because of the danger of the attack on the legal right protected either by the high valuation of what is worthy.

The treatment of the error based on the distinction between error and bug dedicated academically ban, and recognize the corresponding effects of impunity or decrease the penalty according to the error have invincible character or merely vencible.

The regulation of persons criminally responsible is based on the principle of personality of the criminal law and rejects any form of direct liability of legal persons, in accordance with the dominant system in the area of continental Europe. In the treatment of authorship, co-authorship forms are introduced and mediata authorship, and equates to punitivament induction but not the necessary cooperation, and is left in the field of the complicity all forms of cooperation in fact punishable not made as an author or inductor.

With regard to the exclusive circumstances envisaged in the first place the causes of justification and there is a split in the treatment of the State of need in two cases clearly differentiated, one of a receipt and the other purely exculpant sense. With regard to the causes of unaccusability adopted a model that gives a proper treatment to the problem of the actio libera in cause. In the case of the minority of age, the limit of which happens at eighteen, the code refers to the penal law of the minor.

The mitigating circumstances of criminal responsibility have been conceived with the concern to avoid an excessive ideological imprint, such as that of the old because you act for reasons of moral character or spontaneous repentance, so that gives special attention to those that may have a larger criminal functionality at the service of socially valuable objectives as collaborating with justice the support services or repair to the victim.

The desire to give satisfaction to the victim in the criminal justice system is a major concern of the new code, with the desire to avoid the victim continues the great forgotten of the criminal law. To do this, enter the full or partial repair, according to the idea of the repair to the extent of the own strengths, such as due to attenuation, and also as a criterion that must be taken into account to agree the replacement of custodial penalties and as a condition for the suspension of his execution, with the possibility of reparatòries obligations agreed in the event that the Court decides to grant the suspension. More exceptional it comes even to foresee a cause of waiver of penalty if you have reached an effective repair or a successful reinsertion of the reu.

IV. system of criminal sanctions and civil liability criminal sanctions take the form of a penalty or security measure, according to the dominant model in the countries of the area. Despite his formal differences and the peculiar sense of the security measures, designed for cases of unaccusability or, under certain conditions, of semiimputabilitat, it is necessary to bear in mind that both forms of penal reaction are integrated into a single system, presided over by the same fundamental guarantees and designed for the same purposes politicocriminals, among which is a concern for the social rehabilitation of the offender. The system of sanctions is completed with a number of accessory consequences, which can be imposed on the


individuals and legal persons.

The regulation of penalties responds to two major concerns. The first, make it possible that the answer to crime is subject to requirements of proportionality, according to criteria of mereixement and in need of punishment. Secondly, it provides a wide range of punitive forms, which include the experiences of other countries and with the priority concern to foresee potential alternatives to imprisonment, in order to avoid when possible the serious personal and social costs inherent to this penalty. Among the new penalties is the arrest of free time, conceived as a dynamic and flexible system that allows to adapt the fulfillment of this penalty in the social and family situation of the sentenced, with the desire to avoid the breakdown of employment and personal ties of the subject that would be characteristic of internment of short duration of uninterrupted nature, totally dysfunctional. The figure of the monitored control extends to the forms of semillibertat, from house arrest or arrest overnight, with the mandate that the way to run it does not involve violation of the privacy of convicted.

Also it gives a role to the worth of work for the benefit of the community, which must have the approval of the reu in order not to be assimilated to the penalties banned forced labor.

The innovative and creative effort carried out in anticipation of alternative sentences to prison can not bypass the Andorran reality, which makes it very difficult to give a significant weight to the pecuniary penalty, and the adoption of the German system of days fine. In any case, an awareness on the part of public managers and those who have to take responsibility for the application of the law should be allowed to find appropriate solutions to avoid the dessocialitzadors effects of imprisonment.

The system of individualization of the penalty is to harmonize the requirements of legal certainty and to enable the realization of the principle of proportionality with the flexibility of the Andorran tradition. So, for example, remains, as a general rule, the decision not to set a minimum prison sentence for minor offences. The established model assumes a high degree of confidence in the Court at the time of adopting criteria which will allow reaching the necessary there where the legal provisions have a more abstract nature, always according to the principles embodied in this code and with the aim of achieving a safe and equal application of the penal law.

As has already been said, the criminal code has to accommodate a dualistic system in the configuration of the legal consequences, so that penalties should be based on the author's guilt and the security measures in the dangerous criminal. Having said that, to avoid a possible change in the fraud should be based on the premise that the security measures are aflictiu and, therefore, must be subject to the same guarantees that the penalties. Therefore, the criminal danger requires the previous Commission of a crime as a presupposition. The security measures should be postdelictuals, and shall be determined by the law on the basis of the crime committed. The internment measures can only be applied when the punishment provided by law is imprisonment of freedom.

In the hypothesis of the fault of diminished or semiimputabilitat, in which it is necessary to the application of penalties and security measures, has wanted to avoid the duplicity of the punishment, but by submitting your temporary compliance with the system said "vicarial": application of the security measure and, if appropriate, subsequently of the penalty, discounting the time already served in detention center, according to the idea of getting a dual response but governed by a common functionality.

Although care has been taken to preserve the structure of the rules regarding the civil liability deriving from a crime, its content has undergone also certain modifications aimed at improving the accuracy of the assumptions of responsibility solidary and subsidiary.

V. the special part the systematic ordering of the special part is done in accordance with the hierarchy of the values emanating from the constitutional text, which leads to consider first of all the attacks against individual legal goods, leaving for a second time the crimes against State interests and foreseeing lately are crimes against the interests of Interstate in nature.

The regulation of offences against life is dominated by a desire of realization, in the environment of two figures, homicide and murder, conceived as a reality much closer than what has been making tradition. The conceptual modernization also includes the removal of the specific types of parricidi and infanticide, which do not represent peculiarities in terms of the unfair that condone its existence as an autonomous offence. Are forms of murder that do not preclude a more severe treatment or more benign depending on the degree of culpability of the actor through the mixed circumstance (aggravating or attenuating) of kinship.

In the induction and aid to suicide has been a typical cases of debugging in order to adapt them to the social reality.

The protection of the unborn life leads to a criminalisation of abortion in a way that will distinguish carefully the various assumptions, taking into account the particularities from the subjective point of view are derived from the consent of the mother. Taking into account also the abortion caused by medical negligence and the injury to the fetus so much fraudulent behaviour as reckless, with exception of those caused by the mother.

Among the new intervention needs arising from scientific and technological progress is the criminalization of more serious abuses in the use of the techniques of genetic manipulation and of assisted reproduction. Thus, the fraudulent alteration of the genotype or hereditary genetic heritage, cloning experiments with human genetic material or aberrant, and assisted reproduction not Darling for the recipient mother. It has also been foreseen the need for new legal tools to combat the traffic of organs, tissues and cells of the products or the human body.

The new code includes a title devoted to offences against the physical and moral integrity of individuals, which included, on the one hand, the traditional crimes of injury, and on the other hand, torture, degrading treatment and other crimes committed by officials in the abuse against the legal assets mentioned. In its regulation, has abandoned the system of Objectivist


determination of the severity of the crime by the days of healing of injuries suffered, a fact that hardly could be understood in the grieving process and that it is random. The new system adopted, with regard to the basic type, the German model of mixed type body abuse, injury or alternative which allows to grant physical violence on the attention that has been traditionally own the Latin laws, although it is required a certain gravity that allows them to keep the scope of the criminal contravencions. The most serious cases are identified through a mixed system that takes into account the dangerousness of the means employed by the aggressor and the risk to the lives of people, in addition to the entity of the same injury. The regulation of these crimes has not bypassed the existing sensitivity with respect to the issue of domestic violence, with a type that allows to consider a crime, if there is habitualitat, the facts that the excedirien not did considered criminal contravention.

On crimes against freedom, a distinction is made between illegal detention and abduction, in order to distinguish properly the assumptions that must be differentiated from the criminological point of view and subjective. In these and other crimes has created a qualified type when the author is authority or official, since this situation should lead to a bigger penalty, distinguishing the offence described in those crimes committed by an official against the guarantees of fundamental rights that, in another location, systematic deserve reproof bottom.

The regulation of offences against sexual freedom is the subject of a profound transformation, the meaning of which is expressed in good part by means of the new heading. It is based on the model that distinguishes between two groups of crimes, assaults and sexual abuse, which is to differentiate clearly the violent crimes of the rest. Furthermore, the solution adopted takes into account aspects such as the differentiation between the abuses with prevalence of superiority relating to adults and those that have as a victim under age or incapable, the forecast of the fraudulent abuse and a proper coordination of penal frameworks established by the various crimes. Following the conclusions of the Stockholm Declaration of August 1996 and the guidelines of the common action of the European Union, of 24 February 1997, new provisions are introduced with regard to the problem of pornography to minors. In the crimes relating to prostitution are granted differentiated treatment to the behaviors against minors, and will define with precision the behaviors of exploitation and human trafficking.

With the regulation of the crimes against the privacy it is to grant a protection to this legal constitutional base against the most dangerous assaults on the private life arising from the proliferation of new technologies, without forgetting the subsidiarity of criminal supervision with respect to the civil and the need for coordination with extrapenal law.

Also in relation to the crimes against the honour of the criminal intervention arises in restrictive terms, all assessing the chances of a more adequate protection within the field of private law.

Offences against family relations are structured in attention to the diversity of interests to protect. Among the main concerns highlighted the desirability of illegal adoptions and to incriminate the sale and traffic of children, without a bypass from the behaviors of theft of minors, neglect of family and their children. It has been thought in the need for a specific treatment of the abduction of children by the ascending, a fact that deserves a minor criminològicament significant punitive response.

The crimes against cultural heritage are structured basically from the traditional criminal figures, although with significant rearrangements and new content, in addition to the incorporation of new types. The new systematic ceases to have as a main element for the determination of the gravity of the fact, and therefore of the penalty, the value of the goods or of the damage caused, but keeps the amount to differentiate the contravention of the criminal offense. It is necessary to specify, with regard to this point, that the new treatment of subjective aspects of crime allows Excel Automation of Objectivist character, and requires in all cases that the value of the thing, as a constituent element of the result of the material breach, to be financed by mourning.

Based on the classic distinction between theft and robbery, the conceptual boundaries between these two offences have been reviewed with the aim of limiting the definition of theft in the most serious cases of Attorney property, that are the ones who have a violent component or intimidating, and it has given to the theft accompanied by strength in things compounded treatment within the theft. On the other hand, the definition of the crime of fraud has been modified, in the sense of avoiding a casuistry asistemàtica, based on a general concept of fraud and envisaging privileged types and qualified, in addition to cases which structurally escape to the mechanics of the regular comissiva violation, such as computer fraud. It has opted to keep the crime of check in discovered, in addition to the forecast of the use of the cheque as a form of aggravated fraud, if done in the context of a fraudulent or misleading activity. The crime of misappropriation is added a kind of crime of unfair administration of foreign heritage. This is a kind, collected in the French penal code as an abuse of trust, which does not require the appropriation and managed assets and direct exercise and criminalizes unfair abuse on the part of the administrator of foreign capital.

Included in the property crimes the insolvencies, conceived (both in terms of the merchant as to whom it is not) according to a classification for independence of the commercial law. It is not possible to criminalize depending on the qualification of civil insolvency, and therefore differentiating elements have been introduced so that only the most serious hypotheses have criminal relevance.

With regard to cybercrime, has not been considered appropriate to create a specific chapter, since it must be understand as a means comissiu or the field in which you can develop several different legal assets against atemptatòries ducts. Why are planned cybercrime among offences against privacy, assets or property


the intellectual or industrial property rights. You could make similar considerations in relation to credit cards, with regard to which specific provisions have been introduced in the field of theft, fraud or the falsehoods.

The forecast of economic crimes that can respond to the most sophisticated forms of criminality has been considered very important. The proper functioning of the market and the need to ensure conditions of equality among the agents involved in economic activity are milestones that the legal system has to achieve. Of course the criminal law is not the first or the most important of the instruments of which features the State for this purpose. An ideal development of private law that disciplini economic relations between individuals and a cautious public intervention through the control that the administrative law can bring, are essential premises of a criminal intervention not dysfunctional. To the extent that the economic reality has already be disciplined form, the criminal law should be limited to optimise the mechanisms of control and help to achieve the objectives for the rest of the legal system.

The code addresses the challenge of typified with the necessary autonomy and taxativitat with respect to the most dangerous behaviour extrapenal regulations in the area of intellectual and industrial property. There are the attacks against the inventive activities such as patents and utility models and attacks to distinctive signs, basically with the protection of brand rights.

In the field of competition, it has been considered necessary typified the discovery, disclosure and dissemination of business secrets, in addition to the defraudacions the consumer. With regard to the corporate activity, is strictly typify certain abusive behaviours and falsàries to the detriment of shareholders, as well as the creation of a fictitious company or society, as a breach that can contribute to hinder actions abusive or harmful to third parties.

The incriminació of conduct that endangers social security or customs are made on the basis of the existing situation, and this code opts for a containment of the criminal procedure in connection with defrauding the social security and to maintain basically in the area of smuggling the reform introduced since prior to the approval of the penal code. More ambitious is the regulation of offences against workers ' rights, which takes into account the aspects more protection needs of this group, with the classification resulting from the imposition of abusive conditions of work and, as a qualified hypotheses, degrading conditions of work and the omission of safety measures, and that gives the attention due to the problem of illegal immigration , in keeping with the current dominant trends in Europe.

In the code have a strong presence are offences against social interests, which adopt the technical structure of the crimes of danger. With a few exceptions in which it has introduced the requirement of a particular danger for good legal, has been chosen as a general rule for the creation of types of potential danger or hypothetical, which requires verification of the potential dangerousness of behaviour but without the need to identify a particular danger, and has waived, in accordance with the minimum requirements of ofensivitat behavior , to the temptation of the presumption with abstract character of the danger. It is as well to achieve a healthy balance between the demands of legal certainty and of criminal functionality in a sector in which it is manifested an expansion of criminal law in order to meet new social needs of protection in the field of the environment, public health, the regional planning or the safety in traffic.

In the crimes against the security of the traffic, it adopts a broad concept of traffic not focused exclusively on the cars, and it typifies specifically driving under the effect of drugs, on the understanding that such conduct can only be sanctioned when this affects consumption really driving, which is expressed through a typical structure of potential danger, the refusal of the breath test, the behavior of reckless circulation with danger for people and dangerous behaviors of alteration of safety in the traffic, without prejudice to the less serious behaviors are administratively in accordance with the provisions of the rules of the code of the circulation.

Crimes against public health are specified in the food and pharmaceutical products and in others that may affect the health of consumers, in cases where it is required a higher gravity of the danger to health that make up for the lack of the material object. The regulation of these crimes avoids an undesirable characteristics and introduces assessment items to graduate the infractions. In the case of food crimes, most serious type is structured as a closed rule, in which compliance with food regulations does not allow the exemption, technique that finds its meaning in the convenience to avoid left only in the hands of the administration control of production processes, composition or expiration.

With regard to crimes against the environment, has introduced an intervention without cracks in the tutelage of the ecological system in the article 31 of the Constitution. The criminal classification is built on the violation of the administrative controls of industrial and business activities. From here you are kind of danger against the ecosystem and the health of the people.

Will also criminalize serious attacks in the spatial planning and urban development. Without disavowing that, here too, the essential role corresponds to the administrative law, the criminal law must aspire to prevent effectively the serious and irreversible damage to the urban planning, with the concession to the criminal jurisdiction of competence to arrange demolition of the building, without prejudice to the corresponding compensation. It also takes into account the need for protection of the historic heritage as well self-employed legal economic crimes unconnected to their own interests, which enables you to extend the criminal reaction, even in the attacks and by the same owner of the asset.

The crimes against the Constitution are led by the most serious attack on the livelihood of the democratic State of law,


way as to penalize with penalties more severe behaviors that pose a direct violent attack against the model of State adopted by the Constitution, which correspond roughly with the figure of the rebellion, and so much more distant, with the idea of Germanic and Anglo-Saxon tradition of high treason. On the other hand, it introduces the protection not only of the constitutional order, but also of the legislative and executive powers. For this is a change of perspective, so that what is protected is not the institutions themselves, but the constitutional structures of the State. Creating a chapter of crimes against the institutions which, in relation to the co-princes, understands that crime in his life, integrity, freedom and immunity, and, with regard to the other institutions, the constraints and the attacks on the freedom of the members of the Government and of the General Directors. The bombings in the institutions are complemented by the electoral crimes, in which the most serious attacks are planned against the rights of voters and the free, equal and secret vote as essential characteristics of a democratic regime. In terms of Division of powers, it penalizes the usurpation of powers on the part of authority, civil servant or mayor, in addition to the breach of the judgments on the part of other powers of the State and the denial of due cooperation with the administration of Justice or a public service.

In the area of fundamental rights and public liberties is given a broad criminal treatment discrimination in its various forms, figure that is complemented with the offenses to religious or national groups and against the feelings towards the deceased. It was considered unnecessary, and counterproductive, a specific classification of the impediment of the practice of religious rites or assistance to religious ceremonies, such as the coercion to attend religious events, since they offer a sufficient and adequate protection of the constitutionally relevant legal goods the crime against the exercise of the right of Assembly and demonstration and the generic offence of constraints , with the qualification as a result of the attack on the valorization of the freedom in the impediment to the exercise of a fundamental right.

An important place occupy the crimes committed by officials against the guarantees of the fundamental rights recognized in the Constitution, divided according to whether the guarantees of individual liberty or privacy, referred to the latter in violation of domicile, illegal interception of postal communications, telephone or other and disclosure of the information obtained. These crimes the penalty corresponds to the desvalor of behaviors that involve a limitation necessary in the competences attributed to the officers when these are exercised in principle legitimately, idea that is expressed in the majority of cases with the requirement of having initial legal reason, without which the offence would receive a more intense reproof, reflected in the titles pertaining to crimes against individual legal goods , specifically the crimes against the freedom or privacy.

After the crimes against the constitutional order, and as a matter clearly differentiated from the previous, addressed the crimes against the public order. In this title is expected to be in the first place the sedition, violation characterized essentially by the existence of acts of collective violence but of a lesser importance of the rebellion, to the extent that it does not tend to involve direct attack purposes to the maintenance of constitutional order. Descending to a lower tier in terms of severity and significance of the facts will regulate the crimes of public disorders, which affect the minimum content of the public policy understood as quiet in the manifestations of the citizens ' life that allows citizens to exercise fully their freedom, among which include the unlawful demonstrations, the alterations to services and supplies and false alarms. Part of this title are crimes of unlawful associations and of terrorism, which takes into account the special gravity of this type of criminality, derived, not only of the danger inherent in the organized criminality, but also of the shock of public life and the threat to democratic normality that represent the events of terrorism, issues that transcend the affectation of the individual legal or social goods that could be injured or put in danger in each case. The criminal response to terrorism is manifested in the active membership figures, of collaboration with a terrorist group and of apology. The intensity and the extent of this answer has as a counterweight a rigorous legal definition of the concepts of terrorism and terrorist group, which neutralises the perils of expansion of the forecasts of the chapter, and the offering of reductions of penalty in case of repentance accompanied with justice.

The crimes against the public function regulate after the crimes against the constitutional order. This systematic option highlights the subordination of fundamental policy in the Administration and indicates already to some extent the functionality of the infringements which picks up the code. In this area, it was considered essential to a fundamental change in the perspective of analysis, all while avoiding the protection of the administration per se, its prestige or dignity, in order to protect the development of the public function as a true object of guardianship: the public activity, the services that the various powers of the State given to citizens in the framework of a State of law , democratic and social. In short, the Administration must act to fully submit themselves to the law and governed by the principles of objectivity and effectiveness, because it is as well as it has the article 72.3 of the Constitution. The title contains a long catalogue of crimes committed from the public administration, which, therefore, adopt a structure of special offences that have the authority or the officer as an active subject: first of all, the trespass, defined on the basis of the idea of arbitrariness, and then conduct as infidelity in the custody of the documents and the violation of secrecy, the waste flows and other abuses in the exercise of the function , with special attention to cases of abuse of insider information. With regard to the treatment of the corruption, it includes bribery and traffic of influences and penalizes, with the graduation of the penalty according to the severity of each


event, no matter who is bribed as who bribes, and is granted a stand-alone treatment in judicial corruption. In order to delimit appropriately the then they deserve the different conceivable cases, it adopts the typical figure of the concussion, own, among others, French law, in which he responds to cases in which the individual is not in a position of partner in the wrongdoing, but that appears as soon as the victim of an abuse of power. A significant new feature is the inclusion, within the title devoted to offences against the public function, of the crimes committed against this legal right from the outside of the Administration, and by individuals. This option allows you to provide a more functional and less resonance in traditional offences such as authoritarian resilience and truancy, locate more suitable the usurpation of public functions and replace old figures to new types equipped with a new functionality, such as the old attack on civil servants, which is replaced by a new crime of hindrance of public functions , accompanied by another figure of hindrance of the implementation of administrative decisions.

What has been said with respect to the public administration is applicable, with its specificities, in the administration of Justice. This is to protect the administration of Justice not for herself, but to support the activities of the judiciary.

Certainly, although this title to gather the behaviors of both civil servants and other colleagues (lawyers and attorneys) and individuals, not all of the attacks can be collected and many are already categorized in other places, such as the inviolability of the domicile. The title starts with the perverting justice, in their fraudulent ways and without prejudice, as a more serious case (at least in the first of the forms) of attack against the administration of Justice committed from its midst. It also punishes the denial of Justice or non liquet.

the default of duty to prevent crimes or promote the persecution;

the cover-up, conceived as an autonomous criminal figure and not as a form of criminal participation, in its forms of real and personal backing; the laundering of money or securities, the subject of reform already passed that has marked clearly the trend to follow; the realization of arbitrary law; the accusation and false denunciation; the simulation of crime; the false testimony; the obstruction of Justice, and the disloyalty and procedural, and ends with the attacks against the phase of execution of judgments, with the figure of crebantament, which has had to adapt to the new criminal sanctions and to the new forms of execution.

The crimes of forgery, conceived as offences against the security of the legal traffic, find its location in the last section of the offences against the State and social interests, which highlights the eminently well protected legal instruments. The previous Code foresaw an excessive criminalization and not discriminadora of the falsehoods documentaries, and penalitzava all kinds of falsehood in the public and private document. The new systematics differentiates the falsehoods of the document public and private, as well as those made by officials and by private individuals. The falsehoods of the three exclusive protection respond to the typical functions of the document: evidentiary function, of perpetuating and warranty. The new treatment of these crimes has in consideration new realities in need of response, such as those derived from computer documents, the use of credit or debit cards, technical recordings, or the need to supplement the mere falsity with the destruction, damage or hiding documentary. The title also contains some of the falsehoods personal, difficult systematic location, among which is the infiltration and the usurpation of the identity of a person.

The catalogue of crimes concludes with the crimes against the international community, in accordance with the Statute of Rome of the International Criminal Court, which clearly differentiate illegal against the right of peoples, consisting of the most serious attacks against the interests of other States, and genocide, defined in accordance with the evolution of the events in the international sphere, and that extends to the figures of apology and denial of the genocide. The criminalization of acts consisting of the mere verbal or written public manifestation that is justified by the exceptional gravity of the genocide, takes into account a history of comparative law, such as the crime of denial of the holocaust in the German Code, and is subject to strict limitations, such as the requirement of advertising and, in the case of the denial of genocide, whether facts declared as tested by a jurisdiction. Enclose the title of the crimes against humanity and crimes of war and aggression, with typical descriptions similar to the international standards ratified by Andorra.

The special part of the code ends with the criminal contravencions. Against the criteria that was imposed in other legal systems, where the criminal contravencions can be understood as a dysfunctional anachronism, the Andorran reality allows you to give an important role to this traditional catalogue of minor criminal offences. Far from being inspired to trends in sign despenalitzador or fall into the temptation to increase the range of social types little desvalorades to raise them in the category of crime, in the elaboration of the new code has been taken into account the advantages of a criminal justice Administration agile, the new range of penalties and substitute penalties, the top content on guarantees of the penal process in comparison with an administrative procedure and the lower one symbolic charge of estigmatitzador type of a process and a criminal conviction in the field of the criminal contravencions in comparison with what is inherent in the crimes, so that it makes visible a reproof of the fact but with intensity and notoriously effects children.

The criminal contravencions against the people cover events objectively serious but produced by a mild recklessness and injuries, ill-treatment, the coercion, threats, defamation and insults that do not achieve the gravity needed to merit the consideration of crime. The criminal contravencions against the heritage will form as a result of having imposed a minimum amount in property crimes of less severity and significance, such as theft, scams, the embezzlement and other


defraudacions not classified, the damage and the cheque without provisioning. Finally, we collect various infractions against interests of collective-owned, some of which have a reference in criminal behaviour in terms of flora and fauna, historical heritage, public disorders or disobedience and resistance, between which, however, are introduced behaviors that include an obvious social reproof and a need to reply by their dangerousness or the fact to affect socially important feelings , as is the case of the abandonment of syringes, the mistreatment of animals with cruelty, the default driver for dangerous animals, the public consumption of drugs, certain damage to public property or damage to the interests of the administration of Justice.

By the end of this preamble and by way of summary, it is fair to say that it has been intended to achieve a full, modern Code and assimilated to the continental criminal law, without forgetting or underestimated, however, the particularities and the characteristics of the Principality and its international, economic and social status.

Preliminary title. The Penal guarantees and the application of the penal law Article 1 criminal Warranty 1. Only constitute criminal infringement actions and omissions as a crime or penal contravention is expressly provided for by a law prior to his Commission.

2. The security measures can only be applied when there is the presuppositions established previously by law.

Article 2 the penal Guarantee in any case cannot impose a penalty or security measure that is not provided for by a law prior to the Commission of the offence.

Article 3 Guarantees the jurisdictional and enforcement 1. Cannot run any penalty or security measure if it is not under a firm judgement handed down in accordance with the procedural law and the competent court.

2. Cannot run any penalty or security measure in any other way as prescribed by law. The execution must be carried out under the control of the mayor or competent court.

Article 4 prohibition of the analogy 1. The penal laws are not applicable to cases that do not comprise on purpose.

2. In the event that a judge or a court becomes aware of any action or omission that is not penalized by the law and consider that it should be so, should refrain from any action or omission on this procedure and must be addressed in writing to the Superior Council of Justice exposing treated differently the reasons for his conviction. The Council has to give account of the request to the General Council and to the Government and should issue its reasoned opinion.

3. When applying the rules of this code may be punished for a fact that the Court considers that it should not be, or when the applicable penalty is disproportionate to his trial, the Court must be addressed to the Superior Council of Justice and expose what they believe appropriate about the repeal or modification of the rule. This should be done without prejudice to the immediate execution of the judgment, except in the case that you have addressed a request for pardon to the co-princes and appreciate reasonably that the fulfilment of the penalty may violate the right to a process without undue delay, or become illusory, the purpose of the pardon. The Council has to give account of the request to the General Council and to the Government and should issue its reasoned opinion.

Article 5 the principle of guilt cannot impose any penalty if you do not any of the dol or recklessness. The penalty may not exceed the extent of one's own guilt by the fact.

Article 6 Principles applicable to the safety measures 1. The security measures are based on the danger of criminal subject, exterioritzada by the Commission of a plan as a crime.

2. The security measures do not exceed the limit necessary to prevent the danger of the subject.

3. The custodial safety measures may not have more than the penalty they would be applicable to the crime committed, if not they would have appreciated the circumstance excluding complete or incomplete.

Article 7 of the criminal law Application in time 1. The criminal law has no retroactive effect. However, have retroactive criminal laws that favour the accused. In case of doubt about what is the most favourable law, must be heard the reu.

2. To determine the applicable law at the time, the criminal offences are deemed to be committed at the time when the action or omission punishable, regardless of when it occurs the result.

3. The penalty or security measure ceases to be executed when the infringement for which it was imposed has ceased to be provided for by law as a criminal offence. In this case, cancel ex officio the background and all the consequences that arise.

When a subsequent law reduces the penalty or security measure scheduled for a violation, the convicted in application of the above law also benefits from the most favourable provision. The Court which has handed down judgment should review ex officio the judgment affected by the new law more favorably.

4. The law that modifies the rules of prescription is applicable retroactively when it is favorable to the accused.

Article 8 application of the penal law in space 1. Andorran criminal law applies to the offences intentades or consumades in the territory of the Principality as well as the related offences or indivisible who have been intentades or committed outside the territory of Andorra.

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

2. The Andorran criminal law applies to all criminal infringement consummated or attempted outside the territory of the Principality of Andorra for a person of Andorran nationality.

3. The Andorran criminal law applies to all criminal infringement consummated or attempted outside the territory of the Principality of Andorra if the victim is of Andorran nationality.

4. In the case of the points 2 and 3 above, the criminal offence can only be prosecuted if the following requirements are met: a) the infringement have character of crime in the State where it has been committed and is not prescribed.

b) That the person in charge has not been acquitted, pardoned or convicted of the offence or, in the latter case, has not complied with the totality of the sentence. In the latter case the fulfilment of the penalty may not exceed the maximum provided for the same offence in this code, deducted the time you have completed abroad.

c) That there have been complaint or complaint of the public prosecutor's Office.

5. The Andorran criminal law applies to all crime attempted or accomplished outside the


the territory of the Principality of Andorra against the Constitution, the security of the Principality, its institutions or authorities and the crimes of forgery of documents, official stamps or currency in Andorra.

6. The Andorran criminal law applies to all criminal infringement consummated or attempted outside the territory of the Principality of Andorra when an international agreement does not attribute competence to Andorran jurisdiction.

7. foreign heads of State enjoy immunity during their presence in the territory of the Principality of Andorra, for acts committed in the exercise of their functions, except for war crimes and crimes against humanity and other crimes in what they foresee an international treaty in force in the Principality.

The accredited foreign diplomatic representatives benefit from immunities provided for in the international treaties in force in the Principality of Andorra.

8. The Andorran criminal law applies to crimes that have either intentats or outside the territory of the Principality of Andorra that have planned, in accordance with Andorran law, a penalty which is greater than the maximum limit of six years in prison and that can be qualified as genocide, torture, terrorism, drug trafficking, arms trafficking, counterfeiting, money laundering and values empowerment, piracy, illegal use of aircraft, slavery, trafficking of children, sex crimes against minors and the other crimes in what they foresee an international treaty in force in the Principality, as long as the person in charge has not been acquitted, pardoned or convicted of the offence or, in the latter case, has not complied with conviction. If he had fulfilled his sentence in part, should be taken into account to reduce proportionally the that corresponds.

Article 9 prohibition of double penalty. Competition laws 1. Payment may not deem it more than once the same fact.

2. In the event that a fact can be classified according to two or more criminal rules, if there is no contest to speeding tickets, apply the following rules: First: the special rule applies with preference to the general.

Second: the subsidiary rule applies only in the absence of the principal, whether expressly declares the subsidiarity as if it follows from the text of the law.

Third: the criminal policy more extensive or complex absorbs the castiguin infringements that consumin.

Fourth: in the absence of the above criteria, the more serious criminal policy excludes those that castiguin the fact with a minor penalty.

Article 10 Application the provisions of this title apply to criminal offences collected and punished by special laws. The other provisions of this Code apply as in the sense that it does not contemplate special laws.

The book first. General part chapter title and criminal infringement.. General rules on crimes and criminal contravencions Article 11 definition of the offences Are offences or criminal contravencions the actions and omissions unwise or fraudulent behaviour punished by law.

Article 12 classification of the offences The criminal offences are classified, according to their gravity, in major crimes, misdemeanors and criminal contravencions.

Major crimes are the ones who have brought at least a maximum limit of which exceeds those described in article 36.

Minor offences are those that have indicated at least a maximum limit of which exceeds those described in article 37.

Are criminal contravencions the classified in the third book of this code.

Article 13 of the Incriminació recklessness infringements provided for in the law are fraudulent behaviour, except those that are explicitly defined as unwise.

The actions or omissions unwise only punish when the law you have purpose.

Article 14 the invincible error type Error on an item part of criminal infringement exclude the criminal responsibility. If the error, given the circumstances of fact and of the author's personal, it's vencible, the offence must be punishable, as long as permitted by this code, as reckless.

The error about a fact that qualify the infraction or on a circumstance aggravating it prevents the appreciation.

Article 15 prohibition invincible error Error on the unlawfulness of the fact establishing the criminal infringement exclude the criminal responsibility. If the error is vencible apply the reduction provided for in article 54 penalty qualified.

Article 16 degree of execution of the illicit fact 1. Are punishable infringement consummated and the attempt.

2. The attempt of crime or criminal contravention is punishable only in cases where the law expressly so available.

Article 17 Attempt 1. There are tentative when the subject begins the implementation of the infringement with outdoor events, performing all or part of the acts which objectively should produce the result and, nevertheless, the violation does not occur for reasons independent of the will of the author.

2. Rest of responsibility for the crime and tried by the preparatory acts envisaged in articles 18 and 19, who voluntarily avoid the crime consummation, well desistint of the already initiated, either preventing or attempting to prevent the production of the result, without prejudice to the responsibility which could be incurred for acts executed if these acts were already constituting another criminal offence.

3. When in fact made use of various subjects, are exempt from criminal liability the subject or subjects that you desist from implementation already initiated, provided they have not been able to prevent the consummation of the fact, without prejudice to the responsibility for what might have incurred by acts executed if these acts were constitutive of another criminal offence.

Conspiracy article 18 1. There is conspiracy when two or more people is our for the Commission of a crime and decide to run it.

2. The conspiracy to burglary is punishable only in the cases expressly provided for in the law.

Provocative article 19 1. There is provocation when one directly encourage the Commission of a crime by the press, broadcasting or any other means of similar efficiency, which facilitates the advertising, or in front of an audience of people, always have been followed by the execution of a criminal offence, effective.

2. The incitement is punishable only in cases where the law allows it, unless you have been to a particular crime and that crime has been tried or accomplished, in what should be punishable as incitement.

3. In cases of conspiracy and provocation planned criminally is exempt of responsibility who try to prevent the consummation of the crime.

Second chapter. People criminally responsible for


Article 20 people in charge are responsible for criminal offences of the criminalment the authors and the accomplices. Of the crimes and the criminal contravencions unwise, just respond to the authors.

Article 21 Authorship is the author who does the fact personally, jointly with another or others, or by someone who serves as a tool.

Should also be considered to be the author who directly and knowingly induces another or other to run it.

Article 22 the crimes by default Commission consisting of the production of a result can be committed by omission if the sense of the relevant infringement so permits. In this case are considered default authors who, having an obligation to avoid the result and being able to do this, have enabled the production.

Article 23 Complicity Is an accomplice who, without being included in the cases of article 21, cooperates consciously in the execution of the fact punishable acts before or simultaneously in that fact.

Omissives behaviors, prior or simultaneously, by consciously encouraging the author or the authors of the crime will punish as complicity, unless you are making a different offence for which the law indicated a more serious penalty.

Article 24 the principle of personality and performance by another criminal liability is personal. Can only be responsible for the individuals.

The one who acts as the administrator of fact or of law, a legal entity, or in the name or legal representation or a volunteer of this or of an individual, personally, but there are no answers on it conditions, qualities or relations that the figure of crime or criminal contravention requires so that I can be active subject, if these circumstances occur in the organization or the person in whose name or representation work as long as they meet the conditions laid down in article 21.

Article 25 liability of the authors in the crimes of public outreach and communications 1. In the crimes or criminal contravencions which is made using technical means of broadcasting or public communication, do not respond criminalment nor the accomplices or those who have favored personally really or.

2. The authors respond in instalments, excluding and subsidiary in accordance with the following order: First: those who really have drawn up the text or produced the sign in question, and those who are already inclined to do it.

Second: the directors of the publication or program in which they spread.

Third: the directors of the company Publisher, broadcaster or spreading.

Fourth: the directors of the company printer, recorder or breeding.

Fifth: the broadcasters of publications.

3. When for any other reason that the extinction of criminal liability, even the Declaration of rebellion or the residence out of the Principality of Andorra, may not be able to pursue any of the persons included in one of the sections of the previous point, we launch the procedure against the persons mentioned in the ordinal immediately following.

Third chapter. Waiver and modification of criminal responsibility Article 26 at the age of the minor criminal Minority that has not complied with eighteen years and who has committed a criminal offence will apply the provisions of the law of the jurisdiction of minors.

To the person who has not complied with the twenty-one years and who has committed a criminal offence may be applied the law mentioned in the cases and with the requirements that are established. If this is not the case, apply the reductions of penalty provided for in article 54.

Article 27 mutually exclusive Circumstances Are circumstances that exclude the criminal responsibility: 1. To act in defense of the person or of their own rights or of others, if the following requirements are met: a) illegitimate Aggression. In the case of defence of property, it is considered illegitimate aggression the action constitutes an offence or contravention penalty that put them in danger of deterioration or impending loss. In the case of the defence of the home or place of residence, it is considered illegitimate aggression illegal entry.

b) rational Need of the means used to prevent or repel it.

c) That the damage caused by the action of defence is not disproportionate in relation to the seriousness of the aggression and with the circumstances of the aggressor.

d) do not have had sufficient provocation on the part of the Defender.

2. Act in fulfillment of a duty or in the exercise of a legitimate right, trade or position.

3. Act in a State of need, to avoid a bad or another, as long as they attend the following requirements: a) the damage caused is lower than what you will try to avoid.

b) that the situation of need has not been caused intentionally by the subject.

c) That the needy person not having, by his Office or by the Office, the obligation to sacrifice.

4. Committing the criminal offence, not being able to understand the unlawfulness of the fact, or to act in accordance with this understanding, by reason of any abnormality or mental impairment.

If this is a temporary mental disorder, this disorder does not exclude the responsibility when it has been caused by the subject with the intention of committing the criminal offence, or has planned or had to anticipate the Commission.

5. Commit the criminal offence in a State of intoxication full caused by the consumption of alcoholic beverages, drugs or other toxic that produce similar effects, provided that the subject does not have searched with the intent of making it or not foreseen or had to anticipate the Commission. It also constitutes a circumstance excluding responsibility the Commission of the offence under the influence of a withdrawal syndrome, due to the dependence of these substances, which prevent the subject to understand the unlawfulness of the fact or act in accordance with this understanding.

6. Suffer alterations of perception from birth or from childhood that prevent understanding illegal the fact or act in accordance with this understanding.

7. Act to prevent a headache or oblivious to the life, health or freedom, as long as there is no disproportion between the harm caused and what it is to avoid them and that there are requirements b) and c) of the circumstances above 3.

8. Act driven by a fear of none.

In the case of points 4, 5 and 6 apply, where applicable, the security measures provided for in this code.

Article 28 mutually exclusive Circumstances incomplete the circumstances stated in the previous article, when they do not attend all the requirements necessary to exempt from liability, Dim in a way described the penalty in accordance with the provisions of article 54.

Article 29 extenuating circumstances Are circumstances that reduce criminal responsibility:


1. Act to causes or stimuli that have produced a State of passionate outburst or obstinacy, a similar importance.

2. Have contributed the offended in a significant measure in the realization of typical, with an action or omission, without prejudice or malice.

3. Act because of an addiction to psychotropic substances, toxic drugs or alcoholic beverages.

4. Act for humanitarian reasons or socially valuable.

5. Have proceeded the guilty before knowing that the criminal proceedings are directed against him, to confess the violation to the authorities.

6. To collaborate with the authorities until the time of the oral views to avoid another infraction that has the character of major crime, the Commission of which is rationally expected.

7. Have repaired the damage caused to the victim, in whole or in a relevant measure in accordance with the capacity and the nature of the crime committed, until the time of the oral views, or have strived to achieve compensation in favour of the victim.

8. Any other circumstance that has a meaning analogous to the above or in the descriptions provided for in article 31.

Article 30 aggravating Circumstances Are circumstances that aggravate the criminal liability: 1. Run the fact frenzy, increasing the suffering of the victim intentionally causing sufferings that exceed the required for the execution of the crime.

2. Run the done with malice aforethought, using media aimed directly to ensure the action without the risk that may come from the defense on the part of the offended.

3. Abuse of authority, the superiority or confidence.

4. Look for or take advantage of the circumstances of place, time or of the concurrence of other people who facilitate the execution or increase the harm on the victim.

5. Be the sufferer especially vulnerable, taking into account the age, physical condition or mental inability or other similar circumstance.

6. Commit the fact racist, xenophobic or for reasons related to ideology, religion, nationality, ethnicity, gender, sexual orientation, illness or physical or mental disability of the victim.

7. The recidivism. There are recidivism when at the time of committing the offence the culprit has been sentenced by a firm sentence for a crime that you have specified a penalty greater than or equal, or for various offences although have indicated a lower penalty. In any case only generate recidivism offences included in the same name and that are of the same nature.

Criminal record will not be taken into account when the legally established conditions for the rehabilitation of the inmate.

In the crimes of drug trafficking, hijacking, illegal selling of weapons, those related to prostitution, of terrorism, of counterfeiting, money laundering and all crimes committed in the form of organized criminality, the background for condemnation abroad for constituent facts of the same crimes stipulated in this code have to equate the national record for the application of this circumstance.

8. Commit the violation by price, promise or reward.

9. That the taxpayer be official or authority and the criminal offence has been committed when this subject is found in the exercise of his Office or by reason of the same charge.

Article 31 mixed Circumstance of kinship link or the situation in fact equivalent and kinship to the third grade, by consanguinity, affinity or adoption, is a circumstance that can modify the criminal responsibility in aggravating or attenuating depending on the nature and the effects of the crime or the motives of the author.

The fourth chapter. General definitions Article 32 criminal authority is considered to be the official authority and the person who, whether it is described as if it is not, have remote control or exercising its own jurisdiction, individually and collegially. The Authority also are considered members of the General Council, of the common, the High Council of Justice, the Court of Auditors, of the public prosecutor, the Ombudsman and any other person to whom the law does not attribute the exercise of institutional functions of their own.

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

Article 33 Person unable to be considered unable to, the penal effects, the person who suffers from a physical or mental abnormality or disease persistent that prevents you govern, regardless who has been or not declared their incapacitation.

Article 34 Document 1. The criminal effects is considered document all material support to incorporate a statement attributable to a person, suitable for the test of events with legal significance.

2. For the purposes of this code is considered a public document anyone who, in compliance with the requirements mentioned above, have been issued by an official or by an organ of the Administration with a certain evidential purpose, following the procedure and with the essential requirements laid down by the applicable regulations.

Title II. The penalties chapter. Article 35 Penalties for major crimes main classification penalties that can 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 the benefit obtained or that it was intended to 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 36 Penalties for major crimes under 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 benefit obtained or that it was intended to get 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 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 benefit obtained or that it was intended to get 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 38 additional Penalties for crimes 1. In the main crimes the Court can impose the additional penalty of temporary or definitive expulsion of the condemned person of foreign nationality.

In the major and minor offences the Court may impose the additional penalty of temporary or definitive confiscation of the weapon permit, hunting or fishing license and/or work for the benefit of the community, up to a maximum of two years if it is a felony and one year in the case of a misdemeanor.

2. In the cases in which have relationship with the crime committed the Court may impose, for a period not exceeding that of the more severe penalties imposed in the main sentence, one or more of the following penalties: a) Disqualification for the exercise of public rights, of public, of family, of the trade or the post.

b) Suspension for the exercise of public rights, of public, of family, of the trade or the post.

c) Deprivation of driving license.

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

e) ban on contract with the public administrations.

3. On offences against the life, physical and moral integrity, sexual freedom, and threats, according to the relationships between the culprit and the victim and to the need for protection of the victim or of a third party, the Court may impose the additional penalty of prohibition of contact with the victim, up to a maximum of twelve years in the case of felony and six years in the case of misdemeanor.

Second chapter. Contents of sentences in Article 39 the arrest When the law fixes the penalty of arrest, unless you expressly provide otherwise for the relevant offence, the Court can impose on any of the three categories set out in the following articles, given the circumstances of fact, of the author and, if applicable, of the victim and within the limits laid down in articles 36 or 37 , as in the case of a minor offence or a criminal contravention.

When the law does not foresee expressly the duration of the penalty of arrest, the Court may draw all the extension up to maximum limit provided.

The fulfillment of the arrest will make cash so that it is compatible with the professional obligations or of the condemned.

Article 40 the arrest of festive time the arrest of festive time lasts 48 to 36 hours of uninterrupted weekly included in weekend or holiday time for the condemned, at the discretion of the Court, and runs in a special prison or in a separate unit.

Article 41 the night arrest or partial arrest the newspaper's worth of partial arrest newspaper running inside a special prison or in a separate unit, for ten hours straight a day according to the schedule set by the Court.

Article 42 the house arrest sentence of house arrest is executed in the domicile of the sentenced or in the domicile established by the Court with the consent of its owner, continuously during the appointed time to the sentence.

If the condemned is not residing in the Principality, the arrest met in a special prison or in a separate unit.

Article 43 Equivalents and methods of compliance for the purposes of this chapter, two arrests of festive times are equivalent to two weeks of partial arrest newspaper or a week 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 sentenced and carried out in a way that respects your privacy.

Article 44 the penalty of fine the court reasonably determines the extent of the penalty of fine within the limits established for each crime, taking into account the seriousness of the violation and the economic situation of the reu, deducted from your assets, income, liabilities, family and other personal circumstances. You can also arrange the instalment payment of the fine.

Article 45 penalties of disqualification the penalty of disqualification for the exercise of public rights involves the loss of all charges and the deprivation of the right to be elected or appointed to any public office.

The penalty of disqualification for the exercise of public office carries with it the loss of the charges to which affects, which must be specified in the judgment, and deprivation of the right to be elected or appointed for the same charges.

The penalty of disqualification for the exercise of family rights entails the deprivation of the rights determined by the Court in relation to parental authority, guardianship, the tutorship, guardianship and custody and the right of visits.

The penalty of disqualification for the exercise of the trade or the position entails the deprivation of the rights inherent in the exercise of the profession, the profession or trade, industry or


the corporate charge to what affects, which must be specified in the judgment.

Article 46 penalties of suspension the penalty of suspension of the exercise of public rights, of public, of family, of the trade or the charge, deprives the older of their exercise during the time of the conviction.

Article 47 penalties of deprivation of driver's license, and hunting or fishing the penalty of deprivation of driver's license entails the prohibition to exercise the right to drive motor vehicles, trains, ships or aircraft and to obtain the permit during the time of the conviction.

The penalty of deprivation of the weapon permit entails the prohibition to possess and carry weapons and obtain permission during the time of the conviction.

The penalty of deprivation of hunting or fishing permit license entails the prohibition of hunting or fishing practice and obtain permission during the time of the conviction.

Article 48 the prohibition to issue cheques or credit cards use the penalty of prohibition of issuing checks or use credit cards entails the deprivation of the right to disseminate, to obtain and use cheques or credit cards or payment during the time of the conviction.

Article 49 works in benefit of the community worth of work for the benefit of the community consists of the provision of public utility services, paid not in favor of the State, other public entities, associations or foundations. In any case requires the prior written consent of the condemned.

The Court must fix the type and conditions of work, bearing in mind that its purpose is the social rehabilitation of sentenced and not the satisfaction of economic interests.

The daily duration must be two to eight hours. However, if the condemned carries out a professional activity or paid labour, the diet of the periods of work must be fixed by the Court in a way that does not harm the working day of the condemned or exceed the maximum of overtime hours allowed by law.

The condemned must be registered at the Caixa Andorrana de Seguretat Social in the conditions determined by the Court.

Article 50 Prohibition of contracting with the public administrations the penalty of prohibition of recruitment with the administration consists of the prohibition of attend, either directly or through a third party, in any contest or public auction either the general administration, or any other public entity or communal company and, in general, purchase supplies or the provision of services with any of these entities.

51 article ban on contact with the victim, the penalty of prohibition of contact with the victim consists of the prohibition of live in the domicile of the victim, to come close to him and to enter them by any means. The Court may extend the penalty with the prohibition of reside in the same town or at a certain distance from the home or workplace of the victim. You can also, in arguing the case, extend the prohibitions above in relation to third parties.

Third chapter. Determination of penalties Article 52 Penalty provided for in the law the penalty fixed by law is the penalty provided for the author of the infringement consummated.

Article 53 for the reduction of penalty for accomplices tax penalty to the accomplice is determined by the reduction to half of the minimum and maximum limits laid down in the law.

Article 54 qualified Reduction 1. The tax penalty to the authors attempted offence is determined by the reduction to half of the minimum and maximum limits laid down in the law. The Court may apply a second reduction in the same terms, taking into account the degree of implementation and the danger inherent in the attempt.

2. The same reductions are imposed in the event of provocation or punishable conspiracy.

3. The same reductions impose to the author of the offence if it concurs a cause excluding incomplete, or the vencible ban error or if the Manager is under twenty one years.

4. The Court may apply, arguing it, the same reductions in the case of more than one extenuating circumstance, to appreciate the mitigating of the victim or any other repair you need to grant special significance.

5. In the case of complicity should be taken into account, in addition to these reductions, the reduction provided for in the previous article.

Article 55 automatic replacement of imprisonment if the application of the rules on penalty reduction, the Court must impose a prison sentence of less than three months, has been replaced by an arrest in accordance with the established in articles 65 and 66.

Article 56 Determination based on the circumstances mitigating responsibility the Court fixed the punishment of reasoned way, within the limits established by law, according to the result of the application of the previous articles, assessing the extenuating circumstances and concurrent aggravating and, in general, the severity of the fact, the personal circumstances and social reintegration achieved by the condemned or the expectations that favour a future reintegration.

Aggravating or extenuating circumstances are not taken into account when forming part of the infraction or are inherent.

Article 57 dispenses worth 1. On the crimes the court reasonably can bestow unwise a waiver of the penalty imposed, when the subject has suffered personally the consequences of the fact.

2. you can Also grant the waiver of reasoned way in minor crimes when it is assumed that the penalty must be harmful to the condemned according to the fact that there has been a satisfactory social reintegration and, if necessary, repair or compensation of the victim, to the extent possible. If the reintegration and compensation are on the way to occur, the Court may defer up to a year the decision on the grant of exemption, without running during the said period the penalty imposed.

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 twice the penalty more severe.

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


of 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 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 subsequently by reasoned decision.

Article 59 continuous Infringement the plurality of actions or omissions which offend one or several subjects, and violate the precepts of criminal nature the same or similar duties in implementation of a plan or taking advantage of the occasion seems identical, should be classed as a single continuous infringement. If it is heritage violations or smuggling, the violation is taking into account the total damage caused or the total value of the goods.

Excepts from the consideration of continuous infringement the offenses in real personal, eminently except offenses relating to the sexual freedom and honour committed against the same victim, in which it has to assess the nature of the fact and of the precept infringed to consider the infringement as continuous.

The Court may, by reasoned decision, impose the penalty provided for the offence increased up to half of its upper limit, when has a Government of harmed or when you call the number and the severity of actions or omissions made.

Article 60 the ideal Contest of infractions the two previous articles are not applicable when a single action or omission involves the production of two or more offences or when one is the means necessary to make a new game. In these cases has been to apply the penalty provided for the violation more serious in its upper half, according to the result of the previous application of articles 52 to 54, without that may exceed what would be of penar offences separately.

The fourth chapter. Suspension, replacement and implementation of conditional Suspension sentences simple Article 61 1. In the same judgment, the Court reasoned, or for later resolution can be agreed to the suspension of the execution of custodial sentences or restrictive of freedom imposed on convicted the sum of which is not more than three 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 as far as possible.

2. The term of the suspension may not exceed four years in the crimes of intentional and reckless crimes in two years.

Article 62 qualified conditional Suspension 1. At the time of dictating sentence, or in a subsequent resolution, reasoned the Court may suspend the execution of the custodial or restrictive of freedom imposed on convicted the sum of which is not more than three 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 mentioned above.

Article 63 Amendment of the conditions the Court, ex officio or at the request of a party, may modify, by reasoned decision, the obligations imposed or reduce the period during which will be applicable, taking into account the degree of fulfilment of the agreed measures and social reintegration.

Article 64 Provisions common to the two forms of suspension 1. The suspension does not extend to the complementary penalties, unless the Court so remember reasoned way.

2. The inmate who is subject to suspension cannot move his residence without putting it in the knowledge of the Court.

3. If the accused is sentenced to a penalty of deprivation of liberty by reason of a crime committed in the period of suspension, the Court must order that is executed totally or partially the suspended sentence.

4. In the event of non-compliance with the conditions of the suspension the Court, ex officio or at the request of the public prosecutor's Office, you can arrange the partial or total revocation of the suspension of the sentence or the modification of the conditions.

5. The penalty is considered to be executed once after the period of suspension if you have fulfilled the conditions imposed.

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 a week of prison is equivalent to two arrests of festive time or two weeks of partial arrest newspaper without grasping the limits of articles 36 and 37. This form of substitution can only apply to sentenced not


It's habitual.

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 imprisonment up to three years for the penalty of expulsion to the maximum of ten 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 66 Replacement for breach of the penalty of arrest in the event of non-compliance penalties of arrest stipulated in this code the Court can agree on immediately, with prior audience granted to the parties, the replacement for one of the other forms of arrest or the modification of the regime of compliance with agreed, without prejudice, where applicable, of the penalty applicable to the offence of crebantament sentence.

Article 67 habitual for the purposes of articles 62 and 65 is considered habitual criminal that he has been punished by a firm sentence three times to a crime included in the same title of the code, for a period of five years.

Article 68 non-payment of the penalty of fine in the event of non-payment of the penalty of fine, the Court must proceed by way of execution on the assets of the condemned. Exceptionally, when the sentenced prove that the non-payment is a result of the worsening of the economic situation, not caused by it voluntarily, the Court may: 1. Give a new deadline for the payment.

2. Arrange the payment in instalments, or modify the deadlines set in advance.

3. Reduce the amount of the fine. In this case the payment expires the initial obligation, although after compliance with the reu upgrade of fortune.

Article 69 the execution of penalties the penalties are run in accordance with the provisions of the code of criminal procedure.

Title III. Accessory consequences of crime relating to natural persons or legal persons Article 70 Comís of 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 for the Commission of the offence, the product and the benefits that have been derived and its eventual subsequent transformation.

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 arrange it partially 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 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) appointment of receivership of the company or society.

e) publication of the judgment. The costs of publication were, in this case, the responsibility of the sentenced.

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

2. The adoption of the measures referred to in paragraphs), b) and (c) 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 they issued summons for processing.

Title IV. The security measures chapter. General provisions Article 72 scope of application the Court applies the security measures provided for in this title, with the previous reports it deems appropriate, to the people who are in the cases that are determined in this chapter, provided that the attendance of the following circumstances: 1. the sentence that the subject has committed a constitutional fact appreciate a crime.

2. That the fact and the personal circumstances of the subject they deduced a prognosis of future behavior that indicates the likelihood of Commission of new crimes.

Article 73 Classes 1. Custodial measures are the internment in a psychiatric ward, in a rehabilitation or special education in an establishment or rehabilitation.

2. non-custodial measures Are: a) monitoring of outpatient treatment in therapeutic centers.

b) monitoring of special programs of training and educational type.

c) expulsion from the territory of the Principality of people of foreign nationality.

d) Prohibition to attend places or certain acts.

e) Prohibition to have any contact with certain people.

f) prohibition of driving vehicles cars.

g) Ban to have or use weapons.

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

I) prohibition of exit for hours some of the domicile that is fixed, without control monitored or with control and with the consent of the owner of the home.

j) submission to the custody of a family member who will voluntarily take charge of care and vigilance.

k) Disqualification for the exercise of the trade or the post.

Article 74 of the custodial measures in case of exclusion of liability to criminal responsibility of whoever declared in accordance with points 4, 5 and 6 of article 27, it is applicable the extent of freedom that imprisonment appropriate between the envisaged in article 73.1, if necessary, to prevent the dangerous criminal, and always for the crime is foreseen a sentence of imprisonment.

The Court fixed the sentence the maximum duration of the measure, taking into account the provisions of article 6.3.


Article 75 enforcement of custodial measures in case of incomplete exclusion of liability in the event that you appreciate a cause excluding incomplete, referred to the cases of points 4, 5 and 6 of article 27, can be applied, in addition to the penalty corresponding attenuated according to the article 54, custodial measures, if the requirements of the previous article. The Court fixed the sentence the maximum duration of the measure, taking into account the provisions of article 6.3.

In case of concurrence of worth and measure, both custodial, the Court must agree on the compliance of the measure in the first place, which will be paid for the calculation of the time of the penalty. The duration of the penalty and the measure must be set in its maximum to the sentence and may not exceed the duration of the tax penalty in the case of not having been around the attenuation qualified.

The internally, the Court agrees to the fulfilment of the remaining penalty to comply. Exceptionally, in the case that with the execution of the penalty will endanger the effects achieved with the measure, the Court, by means of hearing of the parties and reasoned manner, you can replace it with one or more of the non-custodial measures or, even, if the carry penalty pending meet is less than one third of the penalty imposed , dispense compliance.

Article 76 implementing non-custodial measures in the event of points 4, 5 and 6 of article 27, non-custodial measures may be ordered ex parte by the Court, together or not with the custodial measures.

Non-custodial measures cannot exceed ten years. The Court fixed the sentence the maximum duration of the measure, thus avoiding that it is disproportionate in relation to the nature and duration of the tax penalty on the offense.

Second chapter. Execution of the security measures Article 77 Suspension, replacement and termination of the measure during the execution of the measure, the Court may adopt, with prior audience granted to the parties and evaluating the previous reports that it considers appropriate, one of the following agreements: a) to begin security measure when you're missing the danger criminal.

b) replace the measure for another or others that are considered more suitable.

c) Suspend the execution of the measure, taking into account the results obtained, for a period of no greater than rest to comply.

In the cases of paragraphs b and c)) if the subject delinqueix or evolving unfavourably for the rest to comply with the measure, the Court can leave without effect the replacement or suspension agreed.

In all cases, the Court may entrust the monitoring of the compliance of the measure and the evolution of the subject to the competent technical teams of the administration.

Article 78 of the Breach in the event of non-compliance with a private not for freedom the Court can agree on its replacement by another or other non-custodial measures planned for the event what it is. You can also arrange the internally, in view of the technical reports and through prior audience granted to the parties, provided that the penalty provided for the offence is imprisonment of freedom.

In case of crebantament of a measure of private security of liberty, the Court shall order the return of the subject in the appropriate centre.

Title v. extinction of criminal responsibility chapter. Causes of extinction of criminal responsibility and punishment Article 79 The dead, the fulfillment of the sentence and Amnesty the death of reu, the fulfillment of the sentence and the Amnesty extinguished the criminal responsibility.

Article 80 The forgiveness and the waiver of The forgiveness of the offended or the waiver of the action only burn out the criminal liability in the case of crimes that, to be persecuted, require the filing of a lawsuit by a private individual.

Article 81 the prescription of the crime prescribing criminal action terminated the criminal responsibility for the course of the following periods: a) thirty years for crimes that are assigned a penalty the maximum limit is ten years or more.

b) ten years for other major crimes.

c) four years for minor crimes.

of) six months for crimes of slander, defamation and criminal injury and contravencions.

The criminal action by the prosecution of genocide and crimes against humanity do not prescribe in any case.

Article 82 calculating the prescription period of prescription of the offence begins to be calculated from the day on which cease the action or omission punishable. However, in the crimes of either the calculation result is verified from the moment in which the result has occurred, and the assaults and sex crimes against minors, from the moment in which the victim let the 18-year-old or from his death if not made.

In the case of continuing offence the term will be counted from the day on which it has made the last infraction.

Article 83 Interrupt the prescription is interrupted with the processing of the accused or when the procedure is aimed against the guilty and to any subsequent Act of the procedure regardless of the State in which you find the cause. The period of prescription is also interrupted by the appearance of the injured party.

Produced, the interruption of prescription back to computing from the beginning.

84 article prescribing the punishment and security measure the prescription of penalty and security measure produces its extinction.

The penalties and security measures imposed for a duration equal to or greater than ten years, prescribed for thirty years; the remaining major crimes imposed by, for fifteen years; the imposed for offences under, to six years if they are custodial and twelve years the remaining, and the penalties imposed for criminal contravencions, in two years. The penalties imposed for genocide or crimes against humanity do not prescribe in any case.

Article 85 calculation of the prescription of the penalty time of prescribing the punishment and the security measure must be calculated from the day of the notification or publication of the firm or of the date of the breakdown of the sentence or measure. The calculation is interrupted by the Commission of a new criminal offence punishable in Andorra.

Article 86 the pardon the pardon terminated the penalty in the indultada and in your case, the replaced by fixed in the decree in question. The pardon does not conclude the additional penalties unless the contrary is not on purpose.

Second chapter. 87 Article rehabilitation Requirements


The criminal liability of persons who have been extinct obtained the benefit of rehabilitation provided that the attendance of the following requirements: 1. Have satisfied as far as possible the civil responsibility that falsehood stems of crime.

2. That the period of ten years has elapsed for the prison sentences imposed for ten or more years, the term of five years for the rest of the penalties imposed for offences and within two years for the penalties imposed for minor offences.

3. You have not committed any crime during the corresponding period.

Article 88 the Calculation mentioned in the previous article will be calculated as of the termination date of the penalty. Exceptionally, in the case of sentences of deprivation of liberty, if the condemned will benefit from the conditional suspension, the term will be counted from the date of the firmness of the judgment or the sentence in which the suspension has been given, provided that during the period which is indicated in accordance with what articles 61 and 62 do not have breached the condition or conditions imposed by the suspension. In the event of imposition of several sentences only takes into consideration the longer term.

Article 89 the rehabilitation background cancellation involves the cancellation of trade of criminal records to which they refer.

Title VI. Civil liability Article 90 civil liability arising from the criminal offence the damages caused by the Commission of a criminal offence or contravention as planned, should be rescabalats in accordance with the provisions of this code and, moreover, with the civil rules.

Article 91 Contents civil liability established in the previous article includes: 1. The return or, if not possible, repair or compensation that corresponds.

2. The repair of the damage.

3. The compensation of moral and material damage.

Article 92 the condemnation Interests the payment of an amount of legal interests there liquid from the date established by the Court or, failing that, on the basis of the thirty days following the date on which firm to become the judgment or the sentence that, in the period covered, the determined.

Article 93 compensation for faults If the victim has contributed to the production of the loss or damage suffered, the compensation must be determined proportionately, taking into account their contribution.

Article 94 any person criminally responsible for civilian Managers of a criminal offence, it is also legally if the fact derived from damages. If you are responsible for are two or more, the courts have pointed out the payment with which everyone must respond, in proportion to their participation and to guilt, without prejudice to their joint liability against third parties harmed.

The authors and the accomplices, each within their class, are responsible for the ones responsible for their fees and, moreover, to the corresponding payments to the other responsible.

The subsidiary responsibility becomes effective in the first place against the heritage of the authors, and then against the accomplices.

In both the cases in which they take effect the joint liability as that will take effect liability, who paid has the right to repeat against each other for the payments corresponding to each one of them.

Article 95 liability in the case of exclusion of criminal responsibility the appreciation of type error or prohibition does not accept in any case of liability.

The case of exemption from criminal responsibility of points 3, 4, 5, 6, 7 and 8 of article 27 does not include the exemption from civil liability, which is determined as follows: 1. In the case of points 3 and 7 are responsible for direct civil people in favour of which has prevented the evil, in the proportion determined by the Court.

2. The cases of points 4 and 6 don't exempt themselves from liability the person to whom it has appreciated the hold harmless. Moreover, they are responsible for the subsidiary civil people who have under their authority or guardianship, legal or in fact, declared exempt from criminal responsibility, except when testing that there has been fault or negligence on its part.

3. Is also responsible for the civil of criminal responsibility in merit of the provisions of point 5 of article 27.

4. in the case of exemption of responsibility in merit of the point 8 of article 27 responds mostly the one who has caused fear and, moreover, who has run the fact.

In all these cases the Court, in dictating sentence of absolution or aute oversight, at the request of the injured person, you can fix the appropriate civil responsibilities.

Article 96 joint liability of the insurers insurance companies who have contractually assumed the risk of the pecuniary responsibilities arising from the possession, the use or exploitation of any well, company, industry or activity, when the event that determines the risk insured severally respond with responsible for criminal law to the limit of the compensation established legally or conventionally agreed without prejudice to the right of repetition against those who appropriate.

Article 97 Other charitable responsibilities the employer be held liable severally with the employee for punishable acts committed by this in the exercise of his functions, duties or services, in the event of a crime or penal contravention with non-compliance with the rules of hygiene or safety in the workplace, or against the environment.

Article 98 subsidiary liability subsidiary are responsible for: 1. The people who are under their parental authority, guardianship or surveillance, or in fact, an increased of 18 years, for the damages caused by offences or criminal contravencions committed to this, if there has been fault or negligence on their part.

2. Employers in fact and official holders of the property damages caused by crimes or criminal contravencions who will commit in their establishments, provided that there is a situation where your fault or of its employees.

3. Patterns and official holders of the property damages caused by criminal offences committed by their employees or representatives in the exercise of his functions, duties or services.

4. The public or private entities and the official bodies, for the damages caused by criminal offences committed by the authorities or their officials or employees in the exercise of his functions, duties or services.


5. The owners and the owners of any medium of public communication, or for any damage caused by the criminal offences committed by making use of these means.

6. The owners of fact and official holders of vehicles cars, damages to the criminal offences committed in the use of these cars by their employees, representatives or persons authorized.

7. The owners of fact and official holders of animals or machines that can create risk to third parties, for any damages to the criminal offences committed in the custody or use of these for their employees, representatives or persons authorized, whenever there is a situation where your fault.

8. prestanoms, damages caused by criminal offences committed by the owner in the exercise of the activity of the business or industry of which are officially holders.

Article 99 liability for enriching The who, without being liable criminally or civilly, it has benefited in the lucrative title of the Commission of a crime or penal contravention, is bound to compensation up to the amount of your benefit.

Article 100 Prioritisation of payments in case of proceeding to the Executive to meet the pecuniary responsibilities arising from the criminal offence, if the goods are not enough civil responsible for, the Court agrees to satisfy the amount obtained, according to the following order: 1. civil liability.

2. The procedural costs.

3. The fine.

Article 101 the Extinction of civil liability is regulated by civil laws that are enforceable.

Book two. Crimes and offences against human life. 102 Article independent Homicide who kills a person commits homicide and should be punished with a prison sentence of ten to sixteen.

The attempt, conspiracy and incitement are punishable.

Article 103 Murder Commits murder whoever kills a person when meeting at least one of the following circumstances: 1. Cruelty or were trained, which consists in increase the victim's suffering intentionally causing sufferings that exceed the required for the execution of the crime.

2. Treachery, that is to use media aimed directly to ensure the action or to avoid the risk that may come from the defense on the part of the victim.

3. Perform the fact by price or to obtain a reward.

4. Perform the fact to prepare, facilitate or run another crime or to facilitate the escape or ensuring the impunity of the authors or accomplices of the crime.

The author of murder should be punished with a prison sentence of fourteen to twenty-five years.

The attempt, conspiracy and incitement are punishable.

Article 104 Manslaughter by recklessness 1. The who by serious recklessness cause the death of a person commits reckless homicide and should be punished with imprisonment of three months to three years or fined up to 60,000 euros.

When the murder is committed by professional recklessness has to impose the penalty of disqualification for the exercise of the trade or the post up to six years.

When homicide reckless will make using a car or a gun should be imposed in addition to, respectively, the penalty of deprivation of driver's license and gun permit deprivation, up to six years.

2. One who by criminal negligence causes the death of a person applying must be punished with penalty of arrest or fine up to 6,000 euros.

When the reckless homicide takes place using a car or a gun, has been imposed in addition to, respectively, the penalty of deprivation of driver's license and gun permit deprivation, up to two years.

Article 105 Induction and cooperation to suicide who induces another person to suicide should be punished with a prison sentence of four to eight years.

With the same penalty should be punished whoever cooperates actively in the suicide of a person. When the cooperation reaches the extreme of executing the death should be punished with a prison sentence of five to ten years.

The attempt of this crime is punishable if it is followed by the start of the execution of the suicide.

Article 106 consensual Homicide in the case that a person suffers a serious illness you have to drive so next and inexorable death, or that will produce permanent suffering of a serious and unbearable, and request someone expressly and unambiguous, that will cause the death or attend executivament to die, the fact must be qualified as a consensual homicide. In this case, those who have caused the death or has assisted executivament should be punished with imprisonment of three months to three years.

The attempt is punishable.

Title II. Offences against human life Abortion The Article prenatal unauthorised 107 who produce the abortion of a woman without their consent should be punished with a prison sentence of four to ten years and disqualification for any health profession up to ten years.

The same penalties are imposed in the event that the woman's consent has been obtained by means of violence, intimidation or abuse of the vulnerability of the victim as a result of their age, disability or similar circumstance.

The attempt is punishable.

Article 108-consensual Abortion 1. Who produces the abortion of a woman with her consent shall be punished with imprisonment of three months to three years and disqualification for any health profession for a period up to five years.

2. The woman to produce her abortion or consent that another person will cause should be punished with penalty of arrest.

3. The attempt of the behaviour described in the first paragraph is punishable.

Article 109 reckless Abortion 1. The who by serious recklessness causes an abortion should be punished with penalty of arrest or fine up to 30,000 euros.

2. When the abortion is committing to professional recklessness has to impose the penalty of disqualification for the exercise of a profession or trade up to three years.

3. Pregnant women should not be penalized for this infringement.

Title III. Crimes against the physical and moral integrity chapter. Torture and offences against moral integrity committed with abuse of public office Article 110 Makes Torture torture the authority or official who, abusing his position, directly or by means of another person, and with the purpose of obtaining a confession or information, to bully or as punishment, submit a person to conditions or procedures which will produce severe mental or physical suffering. The author of torture should be punished with a prison sentence of one to six years and disqualification for public rights up to nine years.


The same penalties are imposed to the authorities or officials of prisons or centres for minors who commit the acts mentioned about a detainee or an inmate.

The attempt, conspiracy and incitement are punishable.

If the means of torture used are particularly serious for the intensity of suffering that cause or if they involve a danger to the life of the offended, the Court may increase the penalties up to half of its upper limit.

Article 111. Default to prevent and denounce the torture the authority or the officer that do not use all the means at its disposal to prevent the carrying out of torture by a subordinate should be punished by the same penalties provided for torture.

The authority or the officer that, out of the cases included in the previous paragraph, does not prevent or not reporting the completion of torture of which have direct knowledge, should be punished with the penalties provided for by the authors of the torture with the reductions provided for in article 53.

Article 112 Dealings degrading the authority or official who, abusing his Office and out of cases constitute torture, submit a person to degrading treatment shall be punished with imprisonment of three months to three years.

Second chapter. Offences against the health and integrity of the persons Article 113 basic type of abuse and injury 1. Maltracti a person who physically so severe or you cause an injury that requires medical care for your healing, should be punished with penalty of arrest and fine up to 6,000 euros.

2. If the facts will make against one of the persons defined in the following article, the penalty shall be imprisonment up to two years.

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

Article 114 Abuse in the home who routinely exercise physical or psychological violence on the one who is or has been your spouse or person with whom hold or have held a similar relationship of cohabitation or ancestors, descendants, brothers own or of that person, or any other person subject to guardianship of the one or the other , should be punished with imprisonment of three months to three years, without prejudice to the penalties that the result were caused in each case.

It is understood that there are habitualitat when they have produced at least three acts of violence on the same or any other of the people mentioned in the above paragraph in a period of three years, have been or not separately enjudiciats.

Article 115 Type compounded The abuse and injuries should be punished with a prison sentence of one to five years in case there is a situation where at least one of the following circumstances: 1. If there were trained or cruelty.

2. If in the aggression they have used weapons, objects or with the danger of death or serious injury to the victim.

3. If the victim is especially vulnerable, taking into account the age, disability or any similar condition.

4. If it has been searched or taken advantage of the concurrence of other people who facilitate the execution or increase the harm on the victim.

The attempt, conspiracy and incitement are punishable.

Article 116 qualified Injury-who cause a person serious mental or somatic illness and enduring, a serious deformity, impotence, sterility or the loss or the uselessness of an organ, of a member or of a sense, should be punished with a prison sentence of three to ten years.

The attempt, conspiracy and incitement are punishable.

Article 117 reckless injury 1. The who by serious recklessness causes one of the injuries set forth in the previous article shall be punished with imprisonment up to one year or fined up to 45,000 euros.

2. One who by criminal negligence causes a serious of injuries provided for in article 113 should be punished with penalty of arrest or fine up to 18,000 euros.

3. When the injuries have been committed by professional recklessness has to impose the penalty of disqualification for the exercise of a profession or trade up to five years in the case of the first section and up to three years in the case of the second section of this article.

4. When the facts have been made using a car or a gun, has been imposed in addition to, respectively, the penalty of deprivation of driver's license and gun permit deprivation of up to four years in the case of the first section and up to two years in the case of the second section of this article.

Article 118 participation in a fight with dangerous media who take part in a fight using dangerous means to the lives of people or having knowledge of his possession by other participants, shall be punished with imprisonment of three months to three years or with penalty of arrest.

Article 119 Consent are not criminal offence constituting the facts as provided under this chapter in which there is consent on the part of the victim in accordance with the law and custom, or made unwise to be result of free exposure on the part of the victim to a situation of danger.

It is not considered valid consent retrieved from viciadament or of minors and incapable, or provided by their legal representatives.

Third chapter. Other offences against the health and integrity of human beings Article 120 Injuries in fetus 1. The one who causes in an embryo implanted in a fetus an injury or disease that severely harm their development or causes a physical or mental defect persistent beyond birth, should be punished with imprisonment of three months to three years and disqualification for any health profession up to six years.

The attempt is punishable.

2. The who by serious negligence the fact described in the previous section should be punished with penalty of arrest or fine up to 18,000 euros. When the acts have been committed by professional recklessness has to impose the penalty of disqualification for the exercise of the profession or trade up to three years.

Article 121 Traffic of organs, tissues, cells or gametes humans 1. The who, without administrative or judicial authorization, offer, accept or traffic in organs, tissues, cells or human gametes should be punished with imprisonment of three months to three years and disqualification for any profession


or health related scientific research for up to five years.

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

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

4. The attempt is punishable.

Article 122 The means that not one person to submit Experiments who practices medical or biological experimentation or cosmetic purposes, without your consent or with abuse of necessity, have to be punished with imprisonment of three months to three years and disqualification for the exercise of all health profession or related scientific research for up to five years.

The consent of minors or incapable, even paid for his legal representatives, is irrelevant.

The attempt is punishable.

Title IV. Offences relating to genetics and human reproduction Article 123 basic type who, outside the cases envisaged by law, practice a genetic manipulation on a human and an alteration of the genotype with the purpose to modify their offspring, should be punished with a prison sentence of three to eight years and disqualification for any health profession or related scientific research up to ten years.

The attempt is punishable.

Article 124 qualified Type who practice a genetic manipulation to make a selection of human beings and produce an alteration of the genotype or a replica, should be punished with a prison sentence of eight to twelve years and disqualification for any health profession or related scientific research up to sixteen years.

If the manipulation occurs within the framework of a plan seems and affects a group of people has been to impose imprisonment of twelve to twenty years and disqualification for up to twenty years.

Attempt and conspiracy are punishable.

Article 125 obtaining and use of genetic characteristics 1. The who with lucrative purpose examine or determine the genetic characteristics of a human being without their consent or their legal representatives, or without judicial authorization, should be punished with imprisonment of three months to three years.

2. Whoever having obtained circulate the genetic characteristics of a human the use lucrative purposes, should be punished with the same penalty that provided for in the preceding paragraph.

3. The attempt is punishable in both cases.

Article 126 Disclosure On who the genetic characteristics of theirs a human being without their consent or their legal representatives, or without judicial authorization, should be punished with a prison sentence of one to four years.

Article 127 Biological Weapons who, with the help of the genetic technique, produce biological weapons should be punished with a prison sentence of eight to twelve years and disqualification for the practice of any health profession or related scientific research up to twenty years.

Attempt and conspiracy are punishable.

128 article experimentation and marketing who market or experiment with human eggs fertilized with different purpose of procreation should be punished with a prison sentence of one to five years and disqualification for the practice of any health profession or related scientific research up to eight years.

The attempt is punishable.

Article 129 assisted reproduction who practice assisted reproduction without the prior written consent of the person concerned in writing given freely and not viciada, should be punished with imprisonment of three months to three years and disqualification for the practice of any health profession or related scientific research up to six years.

The attempt is punishable.

Article 130 Consent except for cases in which you have otherwise, criminal responsibility does not exempt consent in crimes of this title.

Title v. Default of duty relief Article 131 relief default 1. The who, without risk to himself or others, refrain from providing relief, through a personal act or requesting the intervention of a third party, to a third person exposed to a serious danger to the life or manifest and physical integrity, should be punished with penalty of arrest.

2. If the danger comes from an accident caused randomly by the author of the omission of aid, the penalty should be a maximum of two years in prison.

3. If the accident is due to your negligence, the penalty should be of three months to three years in prison.

4. If the author of the infringement is a person required by their profession to provide relief to third parties, you will be able to impose, in addition, the penalty of disqualification for the exercise of the trade or the post up to six years.

Article 132 The relief Order who put obstacles in the arrival of aid intended to assist a person in danger and serious manifesto for the life or physical integrity, shall be punished with imprisonment up to two years or with penalty of arrest.

The attempt is punishable.

Title VI. Offences against the freedom chapter. Offences against the freedom of movement of persons Article 133 illegal detention 1. The who, without legal justification, deprive yourself of freedom a person shutting down or stopping here it should be punished with a prison sentence of three to six years.

2. If the deprivation of freedom lasts less than twenty-four hours, the punishment should be imprisonment from three months to three years.

3. The punishment should be imprisonment of five to eight years if the deprivation of freedom lasts more than seven days or if it endangers the life of the victim.

4. The attempt is punishable.

Article 134 Slavery who submit a person to slavery or servitude shall be punished with a prison sentence of four to twelve years.

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

Article 135 Abduction 1. The who, without legal justification, deprive yourself of freedom a person requiring any condition to release it should be punished with a prison sentence of five to ten years.

2. If the deprivation of freedom lasts less than twenty-four hours the punishment should be imprisonment from three months to three years.

3. The punishment should be imprisonment from seven to thirteen, if the deprivation of freedom lasts more than seven days or if it endangers the life of the victim.

4. If the author releases the person stopped giving up to get its purpose the Court may impose the penalties provided for the crime of illegal detention.


5. Attempt, conspiracy and incitement are punishable.

Article 136 Just hazing penalties stipulated in the preceding articles of this chapter are to be imposed on their top half when you give any of the following circumstances: 1. Where the victim is particularly vulnerable by reason of their age, disability or illness.

2. When the author seize or take control of a ship, an aircraft or a means or a vehicle transport Automobile Group of people.

3. When the victim is authority or civil servant in the exercise of its functions, provided that the performance in such a condition did not give rise to another crime.

Article 137 of the people if the victim of abduction or illegal detention could not be found, the punishment should be imprisonment from eight to sixteen years.

138 article Rating to be the official authority or the authority or official competent to practise a detention which, without that there is reason for initial legal, make one of the events described in the previous articles of this chapter shall be punished with the penalties provided for in the respective cases in its upper half and, in addition, with the disqualification of public rights up to twelve years in the case of articles 133 and 135 , or up to 20 years in the case of article 137.

Second chapter. Coercion and threats Article 139 1 Constraints. The who illegitimately and with violence or intimidation force a person to perform an action or an omission or to endure what is not legally required, should be punished with imprisonment up to two years or for my arrest.

The attempt is punishable.

2. If the coercion is to prevent the exercise of a right or freedom provided for in chapters III and IV of title II of the Constitution, the punishment should be imprisonment from three months to three years, unless the fact has indicated a higher penalty in another criminal policy.

Article 140 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 141 Other conditional threats who threatens a person with a bad of non-established in the previous article, requiring any condition which does not consist in a due manner, should be punished with penalty of arrest.

Blackmail 142 Article 1. The who requires a person an amount or the fulfillment of some condition, under threat of revealing or disseminating made recently that could negatively affect the honor or the heritage of the threatened or of people who are closely related, should be punished with imprisonment of three months to three years.

2. If the author has achieved that is delivered totally or partially the amount required or that it satisfies the condition, you must impose prison sentence of one to four years.

3. If the fact is the threat to disclose or report the Commission of a criminal offence, the Court must take into account for the purposes of the application of article 56. Likewise, in these cases the public prosecutor's Office, in order to facilitate the criminal persecution of the blackmail, you may refrain from charging for copyright infringement for the blackmail, if not it's a felony.

Article 143 conditional not Threats, without requiring The a person who threatens to commit against it, condition, 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.

Title VII. Offences against sexual freedom chapter. Sexual assault Article 144 sexual assault who, through violence or intimidation, determines a person to take part in a sexual relationship or behavior should be punished with imprisonment of three months to three years.

The attempt is punishable.

Article 145 sexual assault constitutes a violation When the sexual assault consists of carnal vaginally, anally or orally, or introducing objects or body members for some of the first two tracks, the author should be punished with a prison sentence of three to ten years.

The attempt is punishable.

Article 146 qualified Assaults 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 a situation where any of the following circumstances: 1. Run the fact in the group, there are concurrent two or more persons.

2. Be the culprit ascending, descending or brother of the victim or person who acts as fact or of law family authority over it.

3. the victim Was especially vulnerable because of their 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.

4. 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.

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

Second chapter. Sexual abuse Article 147 sexual acts without consent 1. The who performed a sexual behavior with a person under fourteen years of age or of private sense, unconscious or unable to resist resistance or with abuse of his inability should be punished with imprisonment of three months to three years.

2. When the fact consists of carnal vaginally, anally or orally or introducing objects or body members for one of the first two tracks should be punished with a prison sentence of three to ten years.

3. If the author is an ascendant, descendant or brother of the victim or a person who performs in fact or in law the family authority over it, or if the victim is particularly vulnerable by reason of age, illness or situation, the penalty must be from two to seven years in prison in the case of the first section and six to fifteen years in prison in the second section.

4. The attempt is punishable in all cases.

Article 148


Sexual abuse with prevalence in children under age 1. The who performed a sexual behavior with a person over fourteen and under eighteen years of age to prevail in a situation of superiority shall be punished with imprisonment of three months to three years.

2. If the fact consists of carnal vaginally, anally, orally or in the introduction of objects or body members for one of the first two tracks, the prison sentence must be from two to six years.

3. If the author is ascending, descending, or brother of the victim, or a person who performs or family authority law, or if the victim is particularly vulnerable by reason of age, illness or situation, the penalty has been imposed in its upper half.

4. The attempt is punishable.

Article 149 sexual abuse with prevalence in adults 1. The who performed a sexual behavior with a person of legal age with prevalence of superiority or situation, you have to be punished with imprisonment up to one year or for my arrest.

2. If the fact consists of carnal vaginally, anally or orally, or introducing objects or body members for some of the first two tracks worth must be imprisonment of three months to three years.

3. The attempt is punishable.

Third chapter. Offences relating to prostitution, Article 150 establishment of prostitution who operate or finance a property of prostitution should be punished with imprisonment of three months to three years and disqualification for the management of establishments of hospitality, catering or leisure for up to five years.

Article 151 Enablement of prostitution 1. The who promotes, facilitates or encourages the prostitution of others should be punished with imprisonment of three months to three years.

2. If the victim is a minor or a person vulnerable for reasons of illness or physical or mental deficiency shall impose imprisonment from two to five years.

If the fact is committed by holders of parental authority or guardianship, the penalty has been imposed on the top half.

3. If the offence is committed in the framework of an organized group, the maximum limit of the penalty provided for may be increased by half.

Pimping article 152 1. The who, through violence or intimidation, or abuse of necessity, of superiority or with sufficient deception determine someone into prostitution or to continue it doing, should be punished with a prison sentence of two to five years.

The attempt is punishable.

2. If the victim is a minor or a person vulnerable for reasons of illness or physical or mental deficiency shall impose imprisonment of three to ten years.

If the fact is committed by holders of parental authority or guardianship, the penalty has been imposed on the top half.

3. If the offence is committed in the framework of an organized group the maximum limit of the penalty provided for may be increased by half.

Article 153 Type qualified to profit When the guilty of the offences provided for in this chapter to obtain an economic advantage, in addition to the penalties provided for must be imposed fine up to 30,000 euros.

Article 154 sexual acts with minors or unable prostituïts Who take advantage sexually of prostitution of a minor or unable should be punished with a prison sentence of one to five years.

The attempt is punishable.

The fourth chapter. Crimes relating to pornography and sexually provocative behaviour Article 155 Use of minors and incapable for pornography 1. The one 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, with the aim 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 156 Exhibitionism who run or do execute another person acts of sexual display in front of minors or unable to abuse her inability should be punished with imprisonment of three months to three years and fine up to 6,000 euros.

The attempt is punishable.

Article 157 the dissemination of pornography among minors of age 1. The who directly sell, disseminate or exhibit pornographic material to minors or unable to abuse her inability should be punished with imprisonment up to one year and a fine of up to 6,000 euros or as much at twice the benefit obtained or that it was intended to get.

The attempt is punishable.

2. In the case of pornographic material in which display images of minors, or with appearance of reality, has imposed prison sentence of one to four years.

Chapter five. Common provisions Article 158 perseguibilitat regime the crimes of aggression and sexual abuse can only be pursued by means of denunciation of the offended person, his legal representative or of the public prosecutor, who must weigh the competing interests.

These crimes forgiveness from the offended not terminated the action or criminal liability.

Article 159 custodial rights, The Court may impose, arguing it in the sentence, in addition to the penalties provided for each crime, the penalty of disqualification for the exercise of the rights of family or the penalty of disqualification for the exercise of public office or for the exercise of the trade or the post, when the culprit is ascendant, tutor, teacher or any person in charge of fact or of law of a minor or unable to , for a period up to six years.

It may also impose penalty of disqualification for the exercise of public charge up to six years when the culprit is authority or civil servant and has worked with abuse of his Office.

Article 160 the competition clause set out in chapters III and IV of this title have been imposed without prejudice to punish, in addition, the assault or sexual abuse that have been made.

Article 161 accessory Consequences in cases classified in chapters III and IV of this title, if the realization of self-determination have been used establishments or premises open to the public, the Court may arrange, arguing it in the sentence, the temporary or definitive closure.

You can also arrange the temporary closure as a provisional measure.


Title VIII. Offences against family relations chapter. Offences against the protective institutions of minors and incapable Article 162 Theft of children 1. The who subtracts a child under fourteen years of age or unable, preventing prolonged manner the exercise of the functions of guardianship on the part of its owners, should be punished with a prison sentence of two to six years, unless the fact is constitutive of the crime of kidnapping or illegal detention.

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

3. The attempt is punishable.

Article 163 Incitement to abandon the family home 1. The one who induces a minor or unable to leave the family home or the place where he resides by preventing the exercise of the functions of guardianship on the part of its owners, should be punished with imprisonment of three months to three years.

2. The who cooperate in the abandonment should be punished with imprisonment up to one year or for my arrest.

Article 164 children traffic to alter its affiliation 1. The who delivered a minor to alter its affiliation should be punished with imprisonment of three months to three years.

2. The same penalty shall be punished who, with the same purpose, to receive the child and who acts as intermediary.

3. If the previous behaviour there is non-lucrative concurs the penalty imposed must be imprisonment from two to five years. With the same penalty should be punished whoever receives the least if offers or gives financial compensation.

4. The attempt is punishable.

Article 165 the penalties foreseen in previous articles organized group of this chapter may be increased by up to half of its maximum if the events are carried out in the framework of an organized group.

Article 166 Penalties of disqualification and accessory consequences 1. The authority, the civil servant or educator who in the exercise of his Office or profession commit one of the offences provided for in this chapter shall be punished, in addition to the penalties provided for, with disqualification for the exercise of public office, profession or by up to ten years.

2. The Court may impose on the ascendant or guardian who commit any of the offences laid down in the previous articles of this chapter, the penalty of disqualification for the exercise of the rights of the family up to ten years.

3. If the facts have been made using a school or establishment to keep or care of children or incapable, the Court can agree on the temporary or definitive closure of the establishment.

Second chapter. Crimes committed in the exercise of the functions of the protection Article 167 Abandonment of minors and incapable 1. The abandonment of a minor or unable to part of the person in charge of store it should be punished with imprisonment up to two years.

2. If the Act is committed by holders of guard functions, the penalty must be imprisonment of three months to three years.

3. If the circumstances of the abandonment is put in danger the life or the health of a minor or unable to the penalty must be from two to five years in prison.

Default article 168 of the duty of assistance in case of need who ceases to pay the assistance established by law for the maintenance of its descendants, parents or spouses who are in need should be punished with imprisonment up to one year or for my arrest. The same penalty shall be imposed to the tutor or curator with respect to the minor or unable to subject to guardianship or tutorship.

This crime is only perseguible with previous complaint of the person offended or who have legal representation. If it is a minor, unable or desvalguda person, you may report the fact to the public prosecutor's Office.

Article 169 Use of minors or unable to begging 1. The who uses a minor or unable to practice begging, or obtain a profit should be punished with imprisonment up to one year or for my arrest.

The attempt is punishable.

2. If the Act is committed in the framework of an organized group, the culprit who belongs should be punished with imprisonment of three months to three years.

Article 170 Just to disable the Court can impose to those responsible for the crimes in this chapter the penalty of disqualification of the rights of family and/or disable for the exercise of the trade or the post up to ten years.

Third chapter. Bigamy Article 171 Bigamy who contract marriage without further is dissolved legitimately the above should be punished with penalty of arrest or imprisonment up to one year.

Title IX. Offences against honour Article 172 Slander the imputation of a crime with knowledge of their falsity or with reckless disregard to the truth should be punishable as a slander with penalty of arrest. If it spreads with advertising, the punishment should be imprisonment from three months to three years.

The accused to the crime of slander is exempt from any liability if you try the fact that criminal defendants may have, except that this fact may have prescribed, have been granted an amnesty or that have been canceled are history.

Article 173 Defamation 1. The imputation of a fact that seriously infringes against the self esteem or reputation of a person, made with advertising and with knowledge of their falsity or with reckless disregard of the truth, must be punishable with imprisonment up to one year or for my arrest.

2. If the libel is directed against authorities or public officials about the facts relating to the exercise of their offices, shall be punished with imprisonment up to two years or with penalty of arrest if the libel is not serious.

3. The accused of libel is exempt from all liability for testing the truth of the charges.

Article 174 Injury who injuriï a person seriously or with advertising or an authority or a public servant who slightly injuriï 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 175 concept of advertising The slander, defamation and injury are considered to be committed with advertising when propagated by means of the printing press, broadcasting or any other means of similar efficacy.

Article 176 solidary liability in the cases referred to in the previous article, is responsible for joint civil the natural or legal person owning the means through which has been propagated the slander, defamation or injury.

Article 177 die-off period if the accused of slander or libel recognizes the face of the judicial authority the falsity or the uncertainty of the charges and the Court has decided to reduce the penalty or, if it thinks fit, dispense it.


The Court in front of which is the recognition should be ordered is delivered testimony of verdaguer in the offended, and if this request, you must order the publication in the same medium in which he proffer slander or defamation, on identical space or similar to that in which it is produced and broadcast in the period indicated.

178 article Publication of the judgment the Court in any case has to order the publication or dissemination of the judgment was pronounced in the same medium in which he proffer slander, defamation or injury, on identical space or similar to that which produced the dissemination, in the time that the Court considers appropriate. The publication or dissemination of the damning judgment has to be made at the expense of the convicted.

179 article Perseguibilitat 1. No one can be punished for slander, defamation or injury more than under the person's complaint offended or his legal representative or, in the event of death of the offended, their spouse, their ancestors, descendants or heirs.

2. the complaint is sufficient when the offense will run against official or authority on facts relating to the exercise of their offices.

180 article Slander and libel in judgment no one can deduce action of slander or libel trial in proferides without a license in advance of the Court who know or have known.

Article 181 Forgiveness in charge of slander, defamation or injury is exempt from criminal responsibility for the pardon of the offended person or his legal representative.

Forgiveness has to grant themselves expressly before dictating to judgment.

In the slanders, the insults or slanders against minors or incapacitated, the judge or the Court, once heard the public prosecutor, may refuse the effectiveness of forgiveness given by the legal representative of those and ordered the continuation of the procedure.

To refuse the pardon which refers in the above paragraph, the judge or the Court must hear again the representative of a minor or unable to before.

Title X. Crimes against the privacy and the inviolability of the domicile chapter. Discovery and disclosure of secrets Article 182 discovery of secrets who documentary to discover the intimacy of another without his consent seize papers, cards or any other documents or personal effects should be punished with imprisonment of three months to three years.

The attempt is punishable.

Article 183 illegal Tapping and related behaviors The who to violate the privacy of another without his consent or use their weapons being intercepted telecommunications technicians of listening, check out electronics, transmission, recording or reproduction of sound or images, or any other communication signal, shall be punished with imprisonment from one to four years.

The attempt is punishable.

Article 184 or illicit use of automated personal data should be punished with a penalty of two to five years ' imprisonment on anyone who, without authorization and to the detriment of the third, perform one of the following actions: to) create or use illegal automated personal data files electronically in violation of what is provided for in the legal norms on the protection of personal data.

b) Collect personal data with up to electronic automation or automate them in contravention of the legal norms on the protection of personal data.

c) Modify, alter, or personal data in contravention of legal standards cross automated protection of personal data.

The attempt is punishable.

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, give or transmit to third parties the personal data automated referred to article 184.

Article 186 specially protected Data When the events described in the articles 184 and 185.3 affect personal data referring to ideology, religion, health, social origin, the orientation or sexual behavior, we have to impose the penalties provided for in its upper half.

187 article for organization if the facts established in this chapter are carried out with profit by means of an organized group, the penalties have been imposed on their top half.

Article 188 crime of disclosure should be punished with imprisonment of three months to three years who, with knowledge of illicit origin, and without having taken part in the conduct described in articles 182, 183 and 184, reveal to third parties the data or facts discovered, the captured images, or personal data.

Article 189 qualification for official or authority the authority or the officer that, outside the cases allowed by the law, without initial legal reason related to the prosecution of a crime and prevalent from his position, perform any of the behaviors described in the previous articles of this chapter, you should be punished with the penalties provided for respectively in the same articles on their top half and In addition, with the penalty of disqualification of public rights up to six years if the maximum limit of the penalty does not exceed three years in prison and up to nine years if it is higher.

190 article 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 private information provided with purpose of guarantee by the administrators of a bank to another bank in the Principality, relating strictly to the agreed credits or to the risks assumed by the first to one of its customers.

191 article violation of professional secrecy The professional who, with failure to comply with the obligation of secrecy or book, reveal secrets of another person, shall be punished with imprisonment of three months to three years and disqualification for the exercise of the trade or the post up to six years.

Article 192 of the obligation of confidentiality violation of secrets score in articles 190 and 191 continues to be punishable although the person has ceased to exercise the profession or trade, or have ceased their contractual relationship.

Article 193 of perseguibilitat 1. To proceed for the crimes provided for in this chapter it is necessary


denunciation of the offended person, a legal representative or of the person in charge or person in charge of personal data files.

When the person offended is minor, unable or desvalguda person, you can also report to the public prosecutor, who must weigh the interests in the presence.

2. It is not required the complaint required in the previous section to proceed by the events described in articles 185 and 189, or when the crime affects a number of people.

Second chapter. Violation of domicile or establishment Article 194 housebreaking 1. The who, without living it, enter the address of another or you hold against the will of the person who lives there, should be punished with imprisonment up to two years.

The attempt is punishable.

2. If the fact it runs with violence or intimidation the punishment should be imprisonment from one to four years.

195 article violation of certain homes or establishments 1. Should be punished with penalty of arrest who enter or remain against the will of its owner at the address of a public or private legal person, professional Office or Office, or in a commercial establishment or premises open to the public outside of the opening hours.

2. you have to be punished with imprisonment of three months to three years the who with violence or intimidation to enter or remain against the will of its owner at the address of a public or private legal person, professional Office or Office, or in a commercial establishment or premises open to the public.

3. The attempt is punishable.

Article 196 for the officer or authority the authority or the officer that, outside the cases allowed by the law and without initial legal reason related to the prosecution of a crime, to commit any of the acts described in the two previous articles, should be punished with the punishment provided for respectively in the same in its upper half, and disable public rights up to six years.

Title XI. Offences against heritage chapter. Patrimonial 197 Article empowerment crimes Theft Committed theft who, for profit and without violence or intimidation, it takes something extraneous furniture without the consent of its owner.

The guilty of theft valued at more than 600 euros shall be punished with imprisonment up to two years or for my arrest.

The attempt is punishable.

Article 198 qualified Theft 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.

Article 199 Theft with force in things or in house inhabited 1. Regardless of the value of the thing furtada, the theft should be punished with a prison sentence of one to four years if there is any one of the following circumstances: a) Forcing of door, window, object that contains the media or installed by the owner to prevent or hinder access to the thing of disabling alarm systems or save or use of false or illegitimate possession of keys or illicit knowledge codes.

b) Scaling to access where you will find the thing.

2. If the theft is committed with illicit access to house inhabited, regardless of the value of the thing furtada, has imposed prison sentence of two to six years.

3. The attempt is punishable.

Article 200 concept of false keys are considered false keys, for the purposes of the provisions of the previous article: in) the instruments not intended for by the owner or person authorized to open the lock.

b) magnetic cards, perforated or of another type, and controls or remote opening.

Article 201 concept of house inhabited is considered house inhabited all site that constitutes the temporary or permanent housing of one or more people, although they are absent when the theft occurs.

Article 202 Robbery Committed the theft who, for profit, takes hold of something extraneous furniture with violence or intimidation on people.

The guilty of theft should be punished with a prison sentence of two to six years.

The Court has imposed prison sentence of one to four years when violence or intimidation exercised has little significance.

The attempt is punishable.

Article 203 qualified Theft 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 Group of three or more persons organized of which at least one bring a gun.

Article 204 Theft of vehicles use The who, without authorization from the owner, subtracts a value car vehicle exceeding 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, taking into account the motives and other circumstances of the fact.

Article 205 improper Theft who, for profit and its 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 a fine penalty up to quadruple the value of the thing.

Article 206 qualified Type in the event that the facts established in the two previous articles will commit with violence or intimidation on people, they must be punished with the penalty provided for the theft.

The attempt is punishable.

Second chapter. Extortion Article 207 Extortion who for profit requires a person with violence or intimidation, to perform or omit a business or a legal act to the detriment of their heritage or of a third party, it must be punished, according to the circumstances that attend, with the penalties provided for theft or for qualified theft.

The attempt is punishable.

Third chapter. Defraudacions Article 208 Scam Scam Makes the who, for profit, using deceit enough to produce error in a person, and in this way leads to perform an act of wealth available to the detriment of their own or outside.

The guilty of fraud should be punished with imprisonment of three months to three years, if the subject property is superior to 600 euros.

The attempt is punishable.

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) Who will perform with simulation of lawsuit or use of another procedural fraud.

c) That is made by check, credit card, promissory note, letter of change in white or fictitious 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.

Article 210 computer fraud who, for profit and using some computer manipulation or artifice like that, make a transfer or unauthorized that causes a person to property damage exceeding 600 euros, should be punished with the penalties foreseen for the scam or for the scam described if any of the assumptions of the sections e) or f) of point 1 of the previous article.

The attempt is punishable.

211 article privileged Scams who, having intention to not satisfy the amount, with the services of hotel management or restoration, means of transport or service stations, causing a prejudice to more than 600 euros, should be punished with penalty of arrest.

Article 212 Defraudacions in the use of fluids or telecommunication systems The who, by altering the signs, the devices using clandestine devices or counters or secret codes, make for defrauding a value exceeding 600 euros in the use of electrical energy, gas, water or other forms of energy or extraneous fluids, or telecommunication systems, should be punished with penalty of arrest or fine up to three times the damage caused.

Article 213 misappropriation who, for profit and to the detriment of others, appropriating or distract you money, effects, values or any other thing of value exceeding 600 euros, which has received on deposit or by another title that the obligation to deliver them or return them, should be punished with the penalty foreseen for the scam or with the penalty foreseen for the scam described if there is any one of the cases foreseen in paragraphs e) or f) of point 1 of article 209.

The attempt is punishable.

Article 214 Appropriation privileged who, for profit, appropriated something extraneous piece of lost, or unknown owner, or who possesses by mistake or from sending, should be punished with penalty of fine up to three times the value of the appropriate thing, if this is greater than 600 euros.

In the case of things historical, artistic or cultural value, or of special significance for the scientific development or technology, the punishment should be imprisonment up to two years or for my arrest.

Article 215 unfair Administration who, having been entrusted the Administration and care of heritage interests outside, exercising their powers so abusive in their own benefit or for a third party and caused a damage of more than 600 euros, should be punished with imprisonment of three months to three years.

The fourth chapter. Receptació Receptació Article 216 of The crimes who, for profit and with knowledge of the Commission of a crime against the heritage in which has not been involved neither as author nor as an accomplice, acquired or transmitted to a third party its effects, should be punished with imprisonment up to two years. In any case the tax penalty in the receptador may not exceed what the law provides for the authors of the crime used.

The usual way is dedicated to the receptació of crimes should be punished with a prison sentence of one to four years. The Court can impose it in addition to the fine penalty of quadruple benefit obtained with this activity.

Article 217 of The Penal contravencions Receptació who for profit and with knowledge of the Commission of the facts constitute criminal contravention against the property, usually to acquire or transmit to a third party its effects, should be punished with penalty of arrest.

Article 218 the Commission made in a commercial or industrial establishment if the receptació is carried out using a commercial or industrial establishment, the Court may impose, in addition to the penalties set out in the two previous articles, and taking into account the circumstances of fact and of the guilty, the penalty of disqualification for the exercise of the trade or by up to five years and agreed to a temporary or definitive closure of the establishment.

Article 219 common Layout the penalties provided for in this chapter 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 punishment.

Chapter five. Insolvencies Article 220 frustration of executive procedures of payment should be punished with imprisonment of three months to three years: a) the debtor who, aware of the obligations of payment you have, anyone who is the origin, hide their assets or perform acts of asset disposition or generators of preferential credits, in order to thwart in whole or in part the effectiveness of any lien or judicial execution procedure , court or administrative, started or showed beginners.

b) If, in addition to the above behavior, there is the voluntary bankruptcy, the latter should be considered a criminal.

c) in relation to provisions to the letter a) is considered a debtor responsible for criminal or civil in any self-determination that, subsequent to its Commission and in order to evade compliance with the civil responsibilities arising from the same fact, perform acts of disposition or contract obligations that reduces their wealth, to be totally or partially insolvent.

Article 221 Criminal Bankruptcy 1. Should be punished with a prison sentence of two to five years who, personally or as a manager of a legal person, aware of an increase of its debts, invincible or that for any other reason is in the inability to pay their debts, before the inevitable introduction of a bankruptcy procedure: to) Make some of the behaviors described in the previous article.

b) in order to balance difficult rigging polls by checking the property situation.

c) Distracted, in their own benefit, goods intended for the mass of creditors.


d) Give, destroy or impair the assets would have been able to join the mass.

e) Contract obligations by violating the rules of normal commercial behaviour.

f) Alieni goods or values or of the company to lower prices in the market at the time.

g) Destroy, harm, or rigging polls Obscure trade books in order to disable or hinder the checking of pending credits of satisfaction.

2. it is not worth the debtor that restore their wealth before the conclusion of the bankruptcy process, without prejudice to the civil responsibilities in what were able to incur.

3. If the bankruptcy, in any of those circumstances, has meant the loss of savings of large groups of people or people who have relied on the failed from a situation of economic hardship, the penalty has been imposed in its upper half.

4. Can not be taken into consideration in order to integrate this offence any of the cases listed if they have already been the subject of a criminal process itself and separated.

Chapter six. Article 222 damage loss for the purposes of the present chapter is considered to damage the deterioration, destruction or disappearance of something someone else.

Article 223 basic type 1. The one who causes a damage of an amount higher than 3,000 euros should be punished with penalty of arrest or work for the benefit of the community for a period not exceeding eight months.

2. The penalty shall be imprisonment up to two years when the offence is committed: a) Against assets of an authority, official, adjuster or solicitor to influence their behaviour in the exercise of their functions or their mission.

b) Against assets of a third party, is to prevent it from declaring or reporting an offence, or because of your complaint or statement.

c) by placing the victim in a difficult economic situation to cater to your needs or those of your family.

d) Against assets of domain or public utility.

e) By fire, explosion or medium that involves a risk of spread of the effects of the offence, unless the fact constitutes a crime of havoc. If the fact can arise from a risk to the life or health of the people, the penalty should be of three months to three years in prison.

Article 224 privileged Type who causes damage in excess of 600 euros and not exceeding 3,000 euros should be punished with a fine penalty up to quadruple the damage caused and/or with capital punishment works in benefit of the community for a period not exceeding four months.

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

Article 225 computer Damage The who by any means alters or destroys data or programs of a non-computer system should be punished with imprisonment up to two years.

In less serious cases, the penalty should be for your arrest or work for the benefit of the community up to a maximum of one year.

Article 226 Attempt attempt of the offenses included in this chapter is punishable.

Chapter seven. Common provisions Article 227 Excuse of absolution in the case of kinship are exempt from criminal liability and subject only to the civil for the crimes provided for in this title they commit between them, out of the cases where simultaneous violence or intimidation, and the crime of unfair administration: spouses not legally separated or in fact or in the judicial process of separation , divorce or nullity of marriage and the people linked by a situation of fact equivalent.

Ancestors, descendants and siblings by nature or by adoption.

The widowed spouse in relation to the personal property of the deceased consort while in the possession.

Title XII. Offences against the socio-economic order chapter. Offences relating to tenders and public auction Article 228 contests and public auction 1. Shall be punished with imprisonment of three months to three years and special disqualification up to six years to bid in an auction or public tender, whether judicial or public entities: a) the who ask for prize or promises in order 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 entity it represents.

Second chapter. Offences against intellectual and industrial property 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 profit obtained the who, for profit and to the detriment of the third, replay, copy, distribute or publicly communicate, in whole or in part, a literary work artistic, scientific, or any other 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, moreover, temporary closure or the ultimate establishment of the condemned and/or the publication of the judgment.

Article 230 offences against the rights of patent or utility models should be punished by the same penalties provided for in the previous article the who for profit and industrial or commercial purposes, without the consent of the owner of a patent or utility model and with knowledge of your registry: a) will manufacture, import, use, own, offer or enter in trading objects protected by these rights.

b) make use or offer the use of a procedure covered by a patent, or owns, offers, enter in the trade, or make use of the product directly derived from the patented procedure.

Article 231 offences against the rights of brand should be punished by the same penalties provided for in article 229 the who, for profit and industrial or commercial purposes, without the consent of the owner of an industrial or commercial property rights registered in accordance with the trademark law and with knowledge of your registry: a) Replay, imitate, modify or in any other way make use of a distinctive sign identical or similar , for the same or similar products or services for which the right is registered.


b) Holds for the marketing, import or enter in trading products or services with distinctive signs that imply an infringement of the exclusive rights of the copyright holder.

Article 232 common Provision for the prosecution of offences against intellectual and industrial property is necessary the presentation of lawsuit of the injured party. However the facts may be prosecutable in instance of the public prosecutor's Office if you feel they can threaten the prestige of the Principality.

Third chapter. Offences relating to the market and consumers to Article 233 discovery of secret of The company who, without being authorized it, get data or seize of documents or objects that constitute or contain a secret relevant to the competitiveness of a company should be punished with imprisonment of three months to three years.

If in the event before it is revealed the secret or cede to a third party, the penalty must be from one to four years in prison.

The attempt is punishable.

Article 234-infringement of the duty of the person who, having the legal obligation or contract to keep secret, disseminate, disclose or give to a third party a secret of the stipulated in the previous article shall be punished with imprisonment of three months to three years.

Article 235 revelation of secret of The company who, with knowledge of its illicit origin and without having taken part in his discovery, disseminate, disclose or give to a third party a secret of the envisaged in article 233 should be punished with penalty of arrest.

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.

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 fourth chapter. Crimes against commercial activity of companies Article 238 Spoof of social accounts Are administrators of fact or of law which falsegin the annual accounts or other documents that reflect the legal or economic situation of a company or business, in a manner suitable to cause a prejudice to the same company or business, one of the partners or a third party, shall be punished with imprisonment from one to four years.

Article 239 Abuse of dominant position who, prevalent in their majority status in the Assembly or general meeting of shareholders or of any other organ of Directors of a company or business, non profit or impose abusive agreements with another, to the detriment of the other partners and without that report benefits to society, he should be punished with imprisonment of three months to three years.

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.

Article 241 fictional Company The who constitutes unlawful or any third party for any purpose to the detriment of a fictional company or society, without purpose or with simulated object, should be punished with imprisonment of three months to three years.

Article 242 Check without provision 1. Should be punished with penalty of arrest and prohibition to issue cheques until six years: a) the 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 not worth the one who satisfies the amount of the check within the ten days following the date on which it was communicated the introduction of complaint or 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 243 fraudulent use of a credit card who make use, without authorization, a credit card or debit card should be punished with imprisonment of three months to three years, unless the facts are not constitutive of the type of article 488.

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.

Chapter five. Offences against the social security Article 244 Defrauding in the Caixa Andorrana de Seguretat Social administrator of fact or of law in a business or company or the employer who omit to declare totally or partially the workers ' salary, in respect of which there is a legal obligation to make contributions to the Caixa Andorrana de Seguretat Social, in order to evade the payment of contributions should be punished with imprisonment of three months to three years if the amount defrauded in the preceding twelve months exceeds 30,000 euros.

The worker's consent is irrelevant.

It is exempt from liability the person who regularitzi their situation before that court proceedings are directed against him, by means of the corresponding processing aute.

Chapter six. Crimes of smuggling sensitive Goods 245 Article 1. The who import or export tobacco illicitly in the ways defined as sensitive commodity in the sensitive goods control Act of March 4, 1999, to a value greater than or equal to 18,000 euros, should be punished with imprisonment up to two years and fines up to twice the value of the goods.

2. In the same way should be punished who is controlled within the Customs Strip, defined in the law against fraud in customs matters, on March 4, 1999, without the corresponding authorization, holding them back or circulating with the sensitive goods mentioned in point 1 to a value greater than or equal to 18,000 euros.

3. The who perform any of the offenses mentioned in points 1 and 2 to a value greater than € 60,000, must be punished with a prison sentence of three months to three years and fine up to twice the value of the goods.


4. The modification or alteration of parts or of the structure of a vehicle to create hidden cavities or double bottom especially arranged and intended to hide merchandise must be punishable with imprisonment up to one year.

5. In the cases provided for in the present article the Court may impose, in addition to the complementary penalties and consequences such that believe appropriate, the penalty of disqualification to operate with sensitive goods for up to four years.

Chapter seven. Crimes against the banking and financial system Article 246 banking activity or illegal financial who develop activities in the financial system without having the legal faculty, in accordance with the provisions in force, should be punished with a penalty of one to four years in prison and fined up to 150,000 euros. The Court may impose any of the reasonably anticipated measures in article 71.

Article 247 usurari Loan usuraris loans who usually performs should be punished with imprisonment up to one year.

Criminal purposes, it is considered usurari loan that has an interest rate that exceeds by more than double the rate of interest that would have been, according to the banking practice in the Principality, to the same kind of operation.

Eighth chapter. Tax crimes Article 248 tax evasion in the tax on the income of the savings The who, with deception and for profit, disappoints the Administration in regard to the tax on the income of the by spoofing, saving documents or using fake titles or inaccurate as to its content, should be punished with a penalty of three months to three years in prison.

But what it has in the previous paragraph, it is exempt from criminal responsibility on those who give spontaneous fulfillment the obligations and duties of taxation out of mandatory deadlines, without a prior request has occurred in the Administration and, in any case, before you have knowledge that the criminal proceedings are directed against him. The disclaimer extends to the falsehoods instrumental documentaries used for defrauding.

Title XIII. Offences against workers ' rights Article 249 degrading or dangerous Conditions of work who can impose, with abuse of vulnerability or need, working conditions incompatible with human dignity or dangerous to health, should be punished with imprisonment up to two years and disqualification for the exercise of the trade or the post up to six years.

Degrading or dangerous conditions are imposed on minors, the penalties have been imposed on their top half.

Article 250 abusive Conditions of work who, by means of deception or abuse of necessity, imposed upon workers who have at your service working conditions or that harm, delete or restricting the rights that are recognized by special legal provisions or regulations of a general nature, or are kept in these conditions, should be punished with penalty of arrest and disqualification for the exercise of the trade or by up to three years.

The who perform the behaviors described previously with violence or intimidation should be punished with imprisonment of three months to three years and with penalty of disqualification for the exercise of the trade or the post up to six years.

Article 251 omission of safety measures on the job who, being legally bound and with violation of the rules of safety at work, do not provide the necessary means for employees to develop their activity with the security measures and appropriate hygiene, so that it can be put in serious danger the life, health or physical integrity of these , should be punished with imprisonment up to two years or fined up to 30,000 euros, as well as disabling for the exercise of the trade or the post up to six years.

Article 252 human trafficking for labour exploitation 1. The who, for profit, promotes or intervene in the recruitment or transportation of clandestine immigrants in transit by the Principality of Andorra or that has its origin or destination, shall be punished with imprisonment of three months to three years and fine up to 60,000 euros, without prejudice to the criminal liability that may be incurred by the Commission of other crimes.

2. Should be punished with a prison sentence of two to five years and fine up to 180,000 euros who performed these concurrent behaviour-there is one of these circumstances: That belongs to an organization dedicated, among others, eventually or permanently, to this activity, or act in relation to it.

That use deception.

Who uses violence or intimidation.

That put in danger the life, or generate a serious risk for the health or the physical integrity of the victims.

That the victims are under the age of eighteen years of age or unable.

3. The sentence of imprisonment corresponding to points 1 and 2 of this article has been to impose on their top half, respectively, to whom do the behaviors in some of these concurrent points some of the following circumstances: that the author is a civil servant and acts in the exercise of its functions. In this case, in addition to the penalties set forth above, you have to impose the penalty of disqualification for the exercise of public charge up to eight years.

That the author is the head, the administrator or the person in charge of the criminal organization.

Title XIV. Offences against collective security chapter. Nuclear power and the great havoc Article 253 illegal Possession who has illicitly by any means nuclear material or radioactive products that may endanger the life or health of the people must be punished with imprisonment of one to five years.

If the nuclear material or radioactive products have been stolen with violence or intimidation, or by an organized group, they must impose prison sentence of three to eight years.

Article 254 illegal deposit and Transport who, without being authorized it, import, export, transport or set up a repository of nuclear material or radioactive products that may endanger the life or health of the people must be punished with a prison sentence of three to eight years.

The attempt is punishable.

Article 255 of the radiation exposure who illicitly expose someone to ionizing radiation in a way that may endanger your life or your health should be punished with a penalty of five to ten years imprisonment and disqualification for the exercise of the trade or the charge up to 12 years.

The attempt is punishable.

256 article Disruption of establishments, installations or services who disturbs the operation of an establishment, of a facility or a service


which use nuclear material or radioactive products, so that you can put in danger the life or the health of the people, should be punished with a prison sentence of one to five years.

The attempt is punishable.

Article 257 loss to recklessness who, by recklessness, have enabled the theft or loss of nuclear material or radioactive products that may endanger the life or health of the people must be punished with penalty of arrest or fine up to 60,000 euros.

Article 258 radiation propagation for recklessness who, by recklessness, have enabled the spread of ionizing radiation which may endanger the life or health of the people must be punished with penalty of arrest or fine up to 60,000 euros.

Second chapter. Havoc and crimes of catastrophic risk Article 259 Havoc The who, by explosion, fire or using any other means of similar destructive power, cause the destruction or serious deterioration of a building, a public or a public works, industrial installation, bridge, dam, collective means of transport or communication system or related infrastructure or supply, shall be punished with imprisonment from two to five years.

If the fact you can derive a danger for the life or health of people's worth should be imprisonment from three to eight years.

The attempt is punishable.

Article 260 Havoc for recklessness who by criminal negligence causes severe havoc should be punished with penalty of arrest or fine up to 30,000 euros. If the fact you can derive a danger for the life or the health of the people must prevail penalty of arrest.

261 article Placement or shipping of explosives who talk or send an explosive artifact so that you can put in danger the life or the health of the people must be punished with a prison sentence of one to four years.

Article 262 Infringement of safety regulations with particular danger for people who in the production, handling, transport, possession or sale of raw materials, waste, hazardous substances or organisms, odd violates established security policies so that you can put in danger the life or the health of the people must be punished with imprisonment up to two years or for my arrest.

In any case it has to impose, in addition, the penalty of disqualification for the exercise of the trade or the position or the deprivation of driving license up to six years.

The same penalties are imposed on those who in the construction or demolition of one of the goods or in the execution of one of the works described in the article 259 violates established safety rules and can endanger the life or health of the people.

Third chapter. Tenancy, traffic and deposit of weapons, ammunition or explosives Article 263 illegal arms Possession and port 1. Who owns illegitimately or get one or more weapons, should be punished with imprisonment up to one year.

2. You must impose prison sentence of three months to three years when there is a situation where any of the following circumstances: a) in the case of short weapon fire.

b) that lack the number or brands, or have altered or deleted.

c) that have been introduced illegally in Andorran territory.

3. In the case of possession of prohibited firearms or that are the result of the substantial modification of the original features of manufacture of regulated firearms, the penalty must be from one to four years in prison.

The port should be punished on their top half.

4. The Court may apply the penalty of arrest as long as to the circumstances of fact and of guilty derive the lack of intention to use the weapons for illicit purposes.

Article 264 traffic and deposit of firearms 1. The manufacture, marketing, transfer or deposit without the authorisation of regulated or prohibited firearms or their ammunition, should be punished with a prison sentence of one to four years.

2. gun tank is considered the gathering of five or more of these weapons, even if they are on unmounted pieces. The sale includes both the acquisition and the sale, import or export.

3. With respect to the ammunition, the Court, having in mind the quantity and class, will declare if you are or not deposit for the purposes of this crime.

4. Despite the provisions of the previous sections of this article, when taking into account the class, the quality, the State, the historical value or collection of weapons and the purpose of their preservation, they deduced lack of dangerousness, the Court can consider the facts as to merely holding constituent illegal and, in addition, apply the reduction in the worth of the article 53.

5. The attempt is punishable.

Article 265 traffic and deposit of weapons of World War 1. The manufacture, development, marketing, transfer or deposit of weapons of war or their munitions should be punished with a prison sentence of four to ten years.

2. It is considered weapons of war tank holding more than one any of these weapons and their ammunition, regardless of model or class, even if they are on unmounted pieces. The possession of a single weapon of war is punished as a possession of prohibited firearm. The sale includes both the acquisition and the sale, import or export.

3. Is considered the weapon of war so come and qualified in the provisions regulating the matter.

4. The attempt is punishable.

Article 266 traffic and deposit of biological or chemical weapons 1. The manufacture, development, marketing, possession, transfer or deposit of biological or chemical weapons and their ammunition should be punished with a prison sentence of six to twelve years.

2. deposit of biological or chemical weapons is considered to be the possession of more than one any of these weapons and their ammunition, even if they are on unmounted pieces, and is considered possession the possession of a single weapon or their ammunition, even if it is unmounted pieces. The sale includes both the acquisition and the sale, import or export.

3. Considers the development of biological or chemical weapons any activity consisting of the research or the study of scientific or technical nature aimed at the creation of a new chemical weapon or the modification of an existing's.

4. chemical or biological weapon is considered to be the determined as such in the treaties or international agreements of which Andorra is part of it.

5. who uses biological or chemical weapons, or to start military preparations in


This effect, should be punished with a prison sentence of fifteen to twenty years, without prejudice to the penalties that may be imposed in accordance with other provisions of this code.

6. The attempt is punishable.

Article 267 traffic and deposit of explosive and inflammatory 1. The possession or the unauthorised deposit of substances or explosive devices, flammable, inflammatory or suffocating, or their components, as well as their manufacture, transportation, import, export, sale or transfer, shall be punished with imprisonment of three to eight years. The penalty has been imposed on its top half in the case of regulated substances.

2. The Court may apply the penalty reduction provided for in article 53 provided that the circumstances of fact and of the guilty is deduced lack of dangerousness.

3. The attempt is punishable.

The fourth chapter. Offences against the security of the 268 Article traffic driving under the effect of drugs 1. The one who drives a car vehicle in a State which may arise from a risk for traffic due to the consumption of alcoholic beverages, drugs or substances with similar effect, should be punished with imprisonment up to one year or arrest, and deprivation of driving license up to three years.

2. The who, under the same circumstances, drive a car vehicle passenger car, collective transport vehicle with a maximum total weight exceeding 3,500 kg, a train or an aircraft, should be punished with imprisonment up to two years and deprivation of driver's license for up to four years. The Court also may impose the penalty of disqualification for the exercise of the trade or by up to four years.

Article 269 Refusal to submit to the test who rejects to submit to the test of breath control when it is 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 270 reckless driving with particular danger for people who drive a car vehicle 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 driving license up to six years.

The one who drives a vehicle transport car group with passengers, a car vehicle of a maximum total weight exceeding 3,500 kg, a train or an aircraft under the conditions previously expressed, should be punished with imprisonment of three months to three years and deprivation of driving license 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 271 of the traffic 1. The who release or discussion objects in a way intended to traffic of vehicles cars, the seriously deteriorate or pour flammable substances or misuse or alters or sliding signals, so that it may arise from a risk for the life and integrity of persons, should be punished with imprisonment up to two years or for my arrest.

If, as a result of any of the above behaviors is put in serious danger the life or integrity of the persons the punishment should be imprisonment of three months to three years.

2. The who perform some of the conduct set out in the previous point in another way for the transport of passengers, or stir the wires, the roads or facilities, or an alteration in the signals used for communication or to ensure the safety in traffic of these or in air traffic, or manipulate without being authorised there are devices or safety devices so that it may arise from a risk for life or the integrity of the people, should be punished with imprisonment of three months to three years.

If, as a result of any of the above behaviors is put in serious danger the life or integrity of the persons the punishment should be imprisonment from two to five years.

Article 272 Comís of the vehicle In the crimes against the security of the traffic of vehicles cars, the vehicle used has been to consider the instrument of the crime for the purposes of the provisions of article 70. The Court may prescribe the comís provided that this measure is not disproportionate, taking into account the severity of the crime and the current value of the vehicle.

Title XV. Offences against public health chapter. Crimes against consumers ' health Article 273 Production and traffic of harmful substances 1. The who, without being authorized it, make, distribute or sell, toxic chemicals or severely hazardous to health, should be punished with a prison sentence of one to four years and fine up to 60,000 euros, as well as disabling for the exercise of the trade or the post up to six years.

2. The who, being authorized to the sale of the substances referred to in the previous section, the unfulfilled formalities, make provision in or issued laws and in the respective regulations should be punished with a fine penalty up to 30,000 euros and disqualification for the exercise of the trade or by up to two years.

3. The attempt is punishable.

Article 274 criminal responsibility for the product who enter in the market products the use of which is seriously dangerous to health in normal conditions of use or consumption, without complying with the formalities provided for in the laws and in the regulations, shall be punished with imprisonment up to two years, unless the fact constitutes a more serious crime in accordance with the provisions of this title and without prejudice to the responsibility that may be applicable to the death or injuries caused as a result of the conduct.

The attempt is punishable.

Article 275 food Crimes 1. The producer, the Distributor or the trader to enter in the market food products that could cause serious damage to health should be punished with a prison sentence of one to four years, without prejudice to the penalties that may correspond to the injury or deaths caused. The same penalty shall be imposed on anyone who, by himself or by a third party, has caused the harmfulness of the product in production, distribution or sale. The performance of the legally established requirements for the elaboration, composition, or criminal liability does not absolve expiration when the subject has knowledge, to own or outside, of the serious harmfulness of the product, provided such harmfulness is unknown to the general public.


2. who enter in the market food products that can cause damage to your health, infringing the rules relating to the preparation, composition, conservation or expiration, should be punished with imprisonment of three months to three years, unless the fact constitutes the offence provided for in the previous article. The same penalty shall be imposed on those who have caused the harmfulness of the product in production, distribution or sale.

3. When the harmfulness of foodstuff comes from an adulteration with additives or other unauthorized agents, you can impose the penalties respectively set forth in the above points in its upper half.

4. It is understood by the food product that is intended for human consumption, including beverages, as well as their packaging, packaging or any instrument required to manipulate it or consume it.

5. The attempt is punishable.

Article 276 Drug Offences 1. The who issued, delivered or supplied drugs, to be damaged or expired, or not carry out the technical requirements relative to the composition, stability, efficiency or information, they can endanger the health of the people due to their harmfulness or a lack of efficacy, should be punished with imprisonment of three months to three years and disqualification for the exercise of the trade or by up to four years. With the same penalty should be punished who manufacture them, compiled by, issued, delivered or supplied any medication in breach of the technical requirements, and without respecting the amounts, the doses or the real composition, according to what is authorized or declared, as long as they can cause damage to health, either by their harmfulness either to loss of effectiveness.

2. The one who causes, in phase of manufacture, distribution, storage or sale, the harmfulness or the loss of effectiveness of the drug under the terms described in the previous section, you should be punished by the same penalties.

3. who enter in the market products that mimic or simulin be drugs or substances producing beneficial effects for health, giving them appearance of authenticity, and with this will put in danger the health of the people, should be punished with penalty of arrest and disqualification for the exercise of the trade or by up to three years.

4. When carrying out the behaviors described in the previous sections of this article have to cosmetics or personal hygiene, they have to impose penalties respectively set out in their lower half.

5. The penalties of disqualification provided for in this article shall be of a maximum duration of six years when the facts are committed by pharmacists, or by legally authorized laboratories technical manager in name and representation of that Act.

6. The attempt is punishable.

Article 277 Offences related to the fattening of cattle 1. Should be punished with imprisonment of three months to three years who perform any of the following behaviors: a) To livestock meat or products for which you intended human consumption substances not allowed to generate risk to the health of the people or in higher doses or for purposes other than those authorized.

b) Sacrifice animals for supplies or allocate its human consumption products, knowing that they have been given the substances mentioned in the letter above.

c) Sacrificing animals for supplies to which they have applied therapeutic treatments using the substances referred to in the letter a).

d) Sell to the public the meats or animal products for supplies without waiting periods for the regulations provided for each case.

2. The attempt is punishable.

Article 278 water Poisoning or food substances poisoning drinking water or who the adultery or food substances intended for use or public consumption with infectious substances, highly toxic, radioactive or other that can be extremely harmful to health, should be punished with a prison sentence of three to eight years and disqualification for the exercise of the trade or the post up to ten years , without prejudice to the criminal liability that may be incurred in accordance with other provisions of this code.

The attempt is punishable.

Article 279 injunctive relief In the crimes provided for in this chapter, the Court may impose the closure of the establishment, the factory, the laboratory or the place up to six years, and in the case of a lot of gravity can be decreed its closure to a time greater than or with definitive character.

Article 280 criminal negligence punishable if the events described in this chapter have been developed for serious recklessness, they should apply the reduction provided for in article 54 penalty qualified.

The events described in articles 273.1, 275, 276.1 and 2 for serious negligence should be punished with penalty of arrest and, if applicable, opt for the exercise of the trade or by up to two years.

The Commission for serious recklessness of the events described in the article 278 must be punishable with imprisonment up to two years, or arrest and, if necessary, disable for the exercise of the trade or by up to three years.

Second chapter. Offences relating to the illegal traffic of toxic drugs Article 281 concept of toxic drug toxic drug is considered, for the purposes of this code, any substance the use of which produces an altered state of consciousness and is harmful to the health of the people, if it is included in the international conventions on the subject and is not considered unlawful by the Andorran legislation or if in the case of not finding it contained, has nature and effects similar to the included and no traffic is allowed.

Article 282 basic type 1. Who produce, make, transport, import, export, sell, provide or toxic drugs illicitly available with any of these purposes, should be punished with a prison sentence of one to five years and fine up to three times the value of the drug.

2. In the case of cannabis or drug of similar toxicity, the punishment should be imprisonment up to two years and fines up to twice the value of the drug.

3. The attempt is punishable.

Article 283 qualified Type behaviours 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: That it's large amount of drug.

That the drug is provided to minors or incapable.

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


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

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

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

Under two or more of the above circumstances 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.

Article 284 privileged Type 1. Consumption, the introduction or possession of toxic drug for personal use shall be punished with imprisonment up to one year or for my arrest. The Court may impose, in addition, fine penalty up to 1,200 euros.

2. When the consumption is made public on local worth must be imprisonment up to two years and fine up to 1,800 euros.

3. The person who sells or provides illicitly in a person of legal age a small amount of toxic drug for consumption later has to be punished with imprisonment of three months to three years. If it's cannabis or other drugs of similar toxicity the tax penalty is imprisonment up to one year or for my arrest.

4. The attempt is punishable.

Article 285 Forerunners who will manufacture, transport, distribute, trade or own equipment, materials or of substances listed in tables I and II of the Convention of the United Nations, done at Vienna on 20 December 1988, on the illicit traffic of narcotics and psychotropic substances, or others that have similar effects and nature to the included and are not authorised in order to use them for the illegal production of toxic drugs or with the knowledge that another person intends to allocate them to this end, it has to be punished with imprisonment of three months to three years and fine up to three times the value of the genres or effects.

Article 286 Comís must be comís unless you belong to a third party not responsible for that have acquired legally, toxic drugs, equipment, materials and substances referred to in the previous article, the vehicles and all the goods and effects that have served as an instrument for the Commission of any of the crimes of this chapter or any as well as the profits that have been obtained, irrespective of the transformations that have been able to experience.

Article 287 Reductions of penalty of criminal policy 1. In all crimes of this chapter, the Court may reasonably reduce the penalty foreseen in article 53 if the culprit has voluntarily given up his criminal activity and has collaborated with the authorities to reduce the risk caused, to prevent the production of other crimes or the performance or the development of organizations with which you have been involved or to obtain evidence relevant to the identification or the availability of Justice other responsible.

2. Constitute extenuating circumstances that may prove to be of special significance to the fact that during the instruction of the cause and until the time of the oral view processing has been voluntarily submitted to a treatment of detox and have been rehabilitated or has dedicated its effort to achieve it.

Article 288 determination of the amount of the penalty of fine for the determination of the amount of the fines to be imposed in accordance with this chapter, taking into account the final price of the drug, the genres and of seized or, if applicable, the gain obtained by the culprit or I would have been able to obtain.

Title XVI. Crimes against the environment chapter. Crimes against the environment and natural resources Environmental Pollution 289 Article who, with copyright infringement laws or other administrative provisions protecting the environment, cause or make direct or indirect emissions, spills, radiation, noise, vibrations, or excavation or extraction soterraments, injections or deposits, on the atmosphere, the soil, the subsoil, or land or underground waters, with effects even in cross-border territories that can put in danger the balance or the conditions of the flora, fauna or natural spaces, should be punished with imprisonment of three months to three years, fined up to 60,000 euros and disqualification for the exercise of the trade or by up to four years.

The attempt is punishable.

Article 290 qualified Type has been 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 : That is the result of a commercial or industrial activity of a clandestine and lacking the corresponding authorizations.

It 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.

It 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.

Article 291 damage to a protected natural area who causes irreparable damage or harm to any one of the elements that have served to qualify a protected natural area, should be punished with imprisonment of three months to three years, fined up to 60,000 euros and disqualification for the exercise of the trade or by up to four years.

The attempt is punishable.

Article 292 Recklessness the facts provided to the three previous articles should be punished with the penalty resulting from the application provided for in article 53, in their respective cases, when they have been committed by serious recklessness.

Article 293 criminal liability of the authority or the officer the authority or the officer to report favorably on its grant or grant permission or illegal license for polluting activities referred to in article 289 or that, on the occasion of their inspections, have silenced the violation of laws, provisions of general character or of the administrative authorizations that the wil should be punished with the


same penalties, without prejudice to other penalties that may be applicable in accordance with other provisions of this code.

Second Chapter. Crimes related to the flora and fauna of The protected flora Traffic 294 Article who collect for profit or traffic illegally with any species or subspecies of the endangered flora or protected should be punished with penalty of arrest or fine up to 12,000 euros.

Article 295 Destruction or alteration of Habitat who destroy or severely alters the Habitat of any species or subspecies of the endangered flora or protected should be punished with penalty of arrest and fine up to 30,000 euros.

296 article hunting, fishing and traffic in endangered species or protected 1. The caci or fish endangered species or protected, perform activities that prevent their reproduction or migration in contravention of the laws or administrative regulations protecting species of wildlife should be punished by the same penalties provided for in the previous article.

2. The same penalties are imposed on those who trade or traffic with endangered species or protected or with his remains.

3. When the conduct described in this article affect species or subspecies in danger of extinction has to impose the penalty of imprisonment up to two years and fine up to 24,000 euros. The attempt is punishable in this case.

Article 297 illegal hunting 1. Should be punished with penalty of arrest and fine up to 12,000 euros who: a) Use to hunt devices for the reproduction of sounds, electrical appliances able to kill or stun, artificial light sources, mirrors, devices or other objects of dazzling white lighting, look at devices with electronic image converter, infrared devices, apparatus for intensification of residual light, silencers and similar widgets.

b) Use explosives, poisons, drowsy, emmetzinats lures or tranquilizers, gas or fumes, or live animals as a claim.

c) Kill chamois out the period planned for their hunting.

d) Kill the goats of Chamois at any time of the year.

Caci e) by motor vehicles, cable cars, chairlifts, ski lifts, aircraft, any mechanical means of transport, and any other use of widgets or methods contrary to the art of hunting in general.

2. The attempt is punishable.

Article 298 Penalty of disqualification in the cases provided for in the two preceding articles shall be imposed, in addition, the penalty of deprivation of hunting or fishing license up to three years.

Third chapter. Forest fire forest fire Article 299 who catching on fire forest or woodlands should be punished with a prison sentence of one to four years and fine up to 30,000 euros, without prejudice to the penalties that may be applicable in accordance with other articles of this code.

If the fact you can derive a danger for the life or health of people's worth should be imprisonment from two to five years and fined up to double the previous amount.

Article 300 qualified Type 1. The penalties provided for in the previous article we have to impose on their top half when the fire reached special gravity, due to the concurrence of any of the following circumstances: it affects an area of considerable importance.

That large or arising from serious erosion in the soil.

That will significantly alter the conditions of animal or vegetable life.

In any case, when it causes serious impairment or destruction of the affected resources.

2. The same penalties of imprisonment provided for in the previous article shall be imposed in its upper half when it has acted to make a profit with the effects of the fire. The fines may be imposed up to the double of those included in the previous article.

Article 301 Recklessness who by serious recklessness perform some of the behaviors provided to the two previous articles should be punished with penalty of arrest and fine up to 12,000 euros.

Article 302 attempt and withdrawal 1. The who set fire to forests or woodlands without you get to spread the fire should be punished with imprisonment up to one year and a fine of up to 3,000 euros, without prejudice to the penalties that may be applicable in accordance with other articles of this code.

2. Without prejudice to the penalties that may be applicable in accordance with other articles of this code of conduct provided for in the preceding paragraph is exempt from penalty if the fire does not spread through their voluntary and positive action.

Article 303 accessory Consequences in all cases provided for in the preceding articles of this chapter, the Court may order that the status of the soil in the areas affected by the fire can not be modified in a period of up to fifteen years. Equally it may be decided that will limit or delete the uses to be carried out in the areas affected by the fire, as well as the comís of the wood burn from the fire.

Article 304 of The forest fire Risk who put fire in their own goods or aliens with particular danger of spread in the forests or woodlands should be punished with penalty of arrest and fine up to 12,000 euros, without prejudice to the penalties that may be applicable in accordance with other articles of this code.

The fourth chapter. Common provisions Article 305 protected natural area When the crimes stipulated in articles 289, 293, or in the second and third chapters of this title affect a protected natural area, we have to impose the penalties provided for in its upper half.

Article 306 repair and injunctive relief the Court may order reasonably, by the head of the fact, the adoption of measures aimed at restoring the ecological balance damaged, as well as to take any other measure necessary for the protection of the goods supervised in this title.

307 article Mitigating any repair If the culprit of the facts as typified in this title has voluntarily proceeded to repair the damage caused or to extinguish the source of danger generated, the Court should apply the reduction of penalty provided for in article 53 when not applicable section 2 of article 302.

Title XVII. Crimes against the Organization of the territory and against the historical heritage Article 308 Urban Crime 1. The who edifiqui or build in a place expressly prohibited by the law should be punished with penalty of arrest and disqualification for the exercise of the trade or by up to three years. If there are any for profit has been imposed, moreover, fine up to twice the benefit obtained or that it was intended to get.

2. who edifiqui or build infringing safety regulations so that you can put in danger the life or the health of the people, must be punished by the same penalties.


3. The authority or the officer who granted illegal license for a construction or building planned in the previous sections should be punished with the same and in addition with the penalty of disqualification for the exercise of public office for up to four years, without prejudice to the penalties that may be applicable in accordance with other articles of this code.

4. The Court may order the demolition of the building by the doomed without prejudice to agree compensation corresponding to third parties.

5. The attempt is punishable.

Article 309 damage to goods of special interest The person who causes damage to a historic, artistic and cultural interest or of special significance for the scientific development or technology, should be punished with imprisonment of three months to three years and two to five years if the damage is irreparable.

If the injury is of little significance to the Court should impose penalty of arrest or work for the benefit of the community up to a year.

The attempt is punishable.

Article 310 of the official Responsibility of the officer who, with violation of the law, let the destruction or deterioration of a building or historic, artistic or cultural furniture or of special significance for the scientific development or technology must be punished with the same penalty provided for in the previous article and disable for the exercise of public office for up to four years.

The attempt is punishable.

Article 311 of The conservation duties unwise Default conservative or the guardian of an estate or historical, artistic or cultural furniture or of special significance for the scientific development or technological, for serious recklessness, not prevent its destruction or damage should be punished with penalty of arrest or fine up to 30,000 euros and suspension for the exercise of the trade or by up to one year.

Article 312 Impediments to research The archaeological remains may alter who had historical research or scientific should be punished with penalty of arrest or work for the benefit of the community.

The attempt is punishable.

Title XVIII. Crimes against the Constitution chapter. Violent attack against the rule of Law Article 313 concept of violent attack against the rule of Law Committed crime of violent attack against the rule of law who, using weapons, carried out acts of collective violence aimed at: Repeal, amend or suspend the Constitution.

Dissolve the General Council, to prevent that you meet or force it to adopt a decision.

To prevent the holding of elections for public office.

Replace the Government, prevent that you meet or force it to adopt a resolution.

To avoid any armed force of obedience to the Government.

Prevent a common to meet or to force it to adopt a resolution.

Article 314 people responsible For inducing or leaders of the offence described in the previous article must be imposed a prison sentence of twelve to twenty years and disqualification for public rights up to twenty years.

Out of the previous cases, the culprit who have taken part have to be punished with a prison sentence of six to twelve years and disqualification for public rights up to twenty years.

The liability set out in this article is without prejudice to the relevant for crimes or criminal contravencions committed with reason or in occasion of the violent attack against the rule of law.

Article 315 attempt and preparatory acts attempt, conspiracy and incitement are punishable.

Article 316 Default to prevent the attack on the rule of law the authority to allow the Commission of the criminal offence provided in this chapter by the forces on which exercise command must be punishable by the same penalties provided for those responsible for the crime.

The official who knows the preparation of a crime and not inform the person who is responsible to prevent it or prosecute him should be punished with a prison sentence of one to four years and disqualification for public rights to up to eight years.

317 article Exemption or mitigation of The penalty, who, having taken part in the preparation or execution of a violent attack against the rule of law, reveal the plan in time to prevent its consequences, is exempt from punishment.

The Court may apply the penalty reduction provided for in article 53 those who lay down arms before having made use or actively reduce the violence used in the rebellion.

Second chapter. Offences against the institutions Article 318 crime against the life of the co-princes who commit murder in the person of a co-Prince should be punished with a prison sentence of eighteen to twenty-five years.

The attempt, conspiracy and incitement are punishable.

Article 319 bombings in the integrity or freedom of the co-princes who injure, hijack, Nick, coerce or threatens a co-Prince should be punished with the penalties provided for the respective crime in its upper half. If as a result of coercion or the threat is rather a coprince to execute an act or to adopt a decision detrimental to the interests of the Principality the punishment should be imprisonment of five to ten years.

The attempt is punishable. The conspiracy and provocation are punishable in the case of abduction or detention.

Article 320 Calumnies, insults and slanders against the co-princes On whom offended a co-Prince with acts or constituent expressions of defamation or injury shall be punished with imprisonment of three months to three years.

If the fact is considered slander should be punished with a prison sentence of one to four years.

Article 321 attack on the residence, any crime committed against the residence or the official premises of a co-Prince should be punished with the penalties provided for in this code for each crime, in its upper half.

322 article Coercion of constitutional bodies who, through violence or intimidation and without incurring a violent attack against the rule of law, to exert or try to influence the General Council, the Government, are common, the High Council of Justice or the Constitutional Court to take a decision, or prevent or attempt to prevent remember it or run it, should be punished with a prison sentence of three to ten years.

The one who made the above conduct against a member of the organs referred to or prevents them from going to a session should be punished with a prison sentence of two to five years.

Article 323 Disturbance of the General Council who disturbs the functioning of the General Council, preventing or severely disrupting the development of a full session or a Commission, should be punished with imprisonment up to two years or for my arrest.


Article 324 attacks on the immunity of the directors and the members of The Government officer who Nick a director general, the head of Government or a Minister out of the cases or without the requirements established by the legislation incurs the penalties stipulated in this code in its upper half and the disqualification for the exercise of public charge up to 12 years.

Article 325 crimes against the prestige of The institutions who, with knowledge of their falsity or reckless disregard to the truth, perform publicly charges relating to the performance of the General Council, the Government, the High Council of Justice, the judicial organs, the public prosecutor or the communes that could damage his prestige, should be punished with a fine penalty up to 30,000 euros and disqualification for the exercise of public office for up to four years , without prejudice to the penalties that, if necessary, may correspond by attacks on the honor of the people.

Third chapter. Electoral offences Article 326 Coercion to voter 1. The who, through violence or intimidation, prevent a person to cast their vote at any election for public office or in the framework of a political character collegiate governing body, should be punished with a prison sentence of one to four years.

The attempt is punishable.

2. Whoever brings or try to influence the direction of the vote of an elector by abuse of a position of power, retribution or any form of pressure, should be punished with imprisonment up to two years.

Article 327 Bombing to the secret of The vote who, through violence or intimidation, or undue use of audiovisual equipment or other technical means, discover or try to discover the vote of an elector, shall be punished with imprisonment of three months to three years.

Article 328 Deception to the elector who by deceit determines a person to vote in a sense different from the intended should be punished with penalty of arrest.

Article 329 Disruption of elections who, through violence or intimidation, prevent or attempt to prevent the completion of elections in an electoral college or severely alters the functioning, should be punished with imprisonment of three months to three years.

Article 330 electoral fraud who fakes an electoral act, alters or obscure electoral ballots or alters or rigging polls by the scrutiny of votes should be punished with a prison sentence of one to four years.

The attempt is punishable.

Article 331 common Provision In the crimes included in the previous articles of this chapter, the Court shall impose the guilty, in addition to the penalties provided for, respectively, the disqualification for public rights during the time of the conviction.

Article 332 Hindrance of the electoral campaign, the authority or the officer that unjustifiably abandoned electoral act should be punished with penalty of arrest and disqualification for the exercise of public office for up to four years.

Article 333 fraudulent Inscription in the electoral register of The civil servant who sign up a person on the electoral lists with knowledge that does not meet the legal requirements to be elector should be punished with a fine penalty up to 6,000 euros and suspension of public charge up to two years. In particular that the move should be punished with the same penalty of fine.

The fourth chapter. Offences against the Division of powers and the duties of cooperation Article 334 attacks on the Division of powers the authority or the officer that, arrogant powers to own another power of the State, issue an act or resolution, must be punished with imprisonment of three months to three years and disqualification from public office for up to ten years.

If the authority or the officer and legislative competences is illicitly arroga, in the exercise of these powers, dictates a general provision or suspends the execution, apply the penalties above in its upper half.

Article 335 Other attacks the authority or the officer that undermines the independence of magistrates or judges by sending them instructions or orders with the intent of influencing a decision that depends on them, should be punished with a prison sentence of three months to three years and disqualification for the position up to six years.

Article 336 breach of judgments 1. The authority or the officer who openly refuses to give the meeting due to a decision of a judge or court dictated in the scope of their competence and with the legal formalities, must be punished with penalty of arrest and disqualification for the exercise of public office for up to four years.

2. Despite the stipulations in the previous section, do not incur criminal responsibility the authorities and officials who do not give comply with a mandate or resolution that constitutes an infringement of a legal norm and clearly stated.

337 article crime of denial of cooperation the officer that, as required by the competent authority in the legitimate exercise of their functions, do not pay the help due to the administration of Justice or to any public service, should be punished with a penalty of disqualification for the exercise of public office for up to four years.

Chapter five. Crimes of discrimination Article 338 Discrimination 1. Comet discrimination who, by reason of a mobile discriminatory, refuses the sale or the lease of a good or a service or subordinates the granting to special conditions. Discrimination can be made with respect to a legal person when the Photoshop mobile refers to one of their leaders or to one of its members. Also make discrimination who, by reason of a relationship with someone, discriminatory, but the mobile contract comes to a layoff or a disciplinary sanction or introduces differences in wages, working conditions or the development of professional careers.

Despite what is said in the previous paragraph, does not constitute discrimination taking into account the State of health in the area of life insurance, of risks affecting the physical integrity of persons or working incapacity or disability, or in labour when it confirms the physical inidoneïtat medically for the job.

2. Constitutes discriminatory mobile the taken into consideration, with respect to an individual, birth, origin or their national or ethnic belonging, sex, religion, philosophical, political or trade union opinion or any other personal or social condition, as their physical or mental disability, your way of life, customs, or their sexual orientation.

3. The who make discrimination should be punished with penalty of arrest and disable


for the exercise of the trade or by up to three years.

4. The authority or the officer who in the exercise of its functions and discriminatory mobile refuses to the provision of a public service or the granting of a right or advantage agreed by the law or hampers the granting or causes the revocation has to be punished with imprisonment up to one year and disable for the exercise of public office up to three years.

339 article crime of offense to a group who, for abusive and with publicity, do acts or expressions profereixi seriously offensive to members of a religious group, Trade Union, political, ethnic, national, or of people who professin a certain belief or ideology, should be punished with penalty of arrest.

Article 340 crime against the feelings towards the deceased who profani a burial, a corpse or ashes or funerary urn or space that will serve for the same purpose, shall be punished with imprisonment up to one year.

Chapter six. Offences against the exercise of fundamental rights Article 341 crime against the exercise of the right of Assembly and demonstration 1. The who, through violence or intimidation, prevent or seriously disturb the holding of a meeting or demonstration, or prevent a person to attend, or forced to take part against its will, should be punished with imprisonment of three months to three years.

If the impediment or the disturbance is carried out by means of riot or in fact has to impose penalty of arrest.

If the culprit is a civil servant and acts in the exercise of his Office should be punished with the penalty of disqualification for the exercise of public charge up to six years.

2. The authority or the officer that, outside the cases envisaged by law, prohibit or dissolve a meeting or demonstration must be punished with the penalty of disqualification for the exercise of public charge up to six years and fines up to 30,000 euros.

3. The attempt is punishable.

Article 342 crime against the freedom of expression and information the authority or the officer that, outside the cases envisaged by law, banned or suspended the publication or distribution of any printed publication or dissemination of any radio or television broadcast via communication network, should be punished with a penalty of disqualification for the exercise of public charge up to six years and fines up to 30,000 euros.

Article 343 Impediment to the exercise of fundamental rights, the authority or the officer that, outside the cases envisaged in this or other chapters of this code, a person to exercise any of the rights and freedoms set forth in chapters III and IV of title II of the Constitution, should be punished with penalty of suspension of public charge up to three years.

The attempt is punishable.

Chapter seven. Offences against the guarantees of fundamental rights first section. Offences against the guarantees of the right to individual freedom Article 344 arrest or illegal retention the authority or the officer who, having initial legal reason, remember, practice or drag on the deprivation of liberty of a person arrested, taken or condemned, with violation of the terms or any of the constitutional or legal guarantees, should be punished with a penalty of disqualification for the exercise of public charge up to eight years.

Article 345 illegal lack of The officer who remember, practice or drag on the lack of a person arrested, taken or condemned with violation of constitutional or legal guarantees or other terms, must be punished with penalty of disqualification for the exercise of public charge up to eight years.

346 article violation of the right to legal assistance, The officer who impedes or obstructs the right to the assistance of counsel to the detainee or prisoner, try or encourage their resignation to the assistance mentioned or not report immediately and that it is understandable of their rights and of the reasons for his arrest, should be punished with a penalty of disqualification for the exercise of public office for up to four years.

The attempt is punishable.

347 article abuses committed by civil servants in the penitentiary The penitentiary officer or juvenile Center that can impose sanctions or restrictions of freedom to make any illegal harassment or illegal internal should be punished with a penalty of disqualification for the exercise of public charge up to eight years.

Second section. Crimes committed by public officials against the home inviolability and other guarantees of the right to privacy Article 348 crime against home inviolability 1. The officer who, on the occasion of an unlawful entry into a home, there to remain without the consent of the person who lives there and without respecting the constitutional or legal guarantees, should be punished with a penalty of disqualification for the exercise of public charge up to eight years.

2. The officer who, on the occasion of an unlawful entry into a home, register the papers or documents or the effects that feel without the consent of its owner without respect the constitutional or legal guarantees, should be punished with a penalty of disqualification for the exercise of public charge up to six years.

Article 349 crime against the inviolability of the official correspondence that, during initial legal, continue by intercepting any kind of private correspondence, postal or electronic, with violation of constitutional or legal guarantees, should be punished with a penalty of disqualification for the exercise of public charge up to six years.

If the officer discloses or reveals the information obtained, the penalty has been imposed in its upper half.

Article 350 unlawful Tapping The officer who, with initial legal reason, to continue intercepting communications or use technical artifice of listening, recording, transmission or reproduction of sound, image or any other sign of communications, with violation of constitutional or legal guarantees, should be punished with a penalty of disqualification for the exercise of public charge up to six years.

If the officer discloses or reveals the information obtained, the penalty has been imposed in its upper half.

Title XIX. Offences against public order chapter. Sedition Article 351 concept of sedition they commit the crime of sedition who, using weapons, carried out acts of collective violence that tend to: Prevent the execution of administrative or judicial decisions.

Prevent the legitimate exercise of their functions or compliance with its agreements to any authority, government official or official body.

Article 352 persons responsible for


1. the guilty of the crime of sedition shall be punished with a penalty of two to four years imprisonment and disqualification for the exercise of public charge up to eight years.

2. the inducing or leaders of the sedition should be punished with a prison sentence of four to eight years, which has been imposed on their top half if it is authority or civil servant. In both cases has been to impose, in addition, the penalty of disqualification for public rights up to twelve years.

3. The liability set out in this article is without prejudice to that which is appropriate for the crimes or criminal contravencions committed with reason or in occasion of sedition.

353 article optional Attenuation in the event that the sedition does not reach severely impede the exercise of public functions, the Court may apply the penalty reduction provided for in article 53.

Article 354 attempt and preparatory acts attempt, incitement and conspiracy are punishable.

Second chapter. The crimes of public disorders Article 355 public Disorders who, acting in groups and with the aim to alter the public peace, public roads or hinder their access is dangerous for those who are driving, they must be punished with imprisonment up to two years. It has to impose the same punishment those who violently invading facilities or buildings.

The liability set out in this article is without prejudice to the appropriate for other criminal offences provided for in this code.

The attempt is punishable.

Article 356 illegal Demonstrations 1. Are unlawful demonstrations: a) held demonstrations with the aim of committing any crime.

b) demonstrations in which there are exceptional people with weapons or explosive devices.

2. The promoters or the leaders of an illegal rally set to the letter a) of the previous point or, in the case envisaged in the letter b), know that there are armed people are met and not put the means in their power to prevent it, they must be punished with imprisonment of three months to three years.

People who carry weapons or explosive devices in the case set forth in the letter b) the first point must be punished with imprisonment of three months to three years. The Court may impose the penalty of temporary or definitive confiscation of the weapon permit.

Article 357 special Disorders should be punished with penalty of arrest who severely disturbs the order in the hearing of a Committee or Council, in the acts of any corporation, public office or residence, school or on the occasion of official events, religious or sports or cultural shows. In the case of alteration of the order in a court or Council, the penalty has been imposed in its upper half.

Article 358 alterations to services and supplies those who interrupt, hinder or damage the lines or telecommunication facilities, or the postal service, as well as the water pipes, gas or electricity for the towns, all severely disrupting the supply or service, shall be punished with imprisonment of three months to three years.

The attempt is punishable.

Third chapter. Unlawful associations Article 359 concept of unlawful association illegal association Is the Group of people organized in which any of the one of the following requirements: you have to commit some crime or promote the Commission.

That, despite having as object a legitimate end, scroll down to get it to violent criminal character.

That promotes discrimination or violence against individuals, groups or associations on grounds of their origin or their membership of ethnic or national, religious, philosophical, political or trade union opinion or any other personal or social condition.

Armed groups or terrorists is applicable that which it has in the following chapter.

Article 360 Just for members of unlawful associations To promoters, managers or persons who exercise a power in fact in the Association has to be imposed a prison sentence of one to four years. Those who are members and there are play an important activity has to be imposed a prison sentence of three months to three years.

The Court may reduce the penalty in accordance with the provisions of article 53 in the event that the culprit has strived to reduce the negative effects of the performance of the Association or to collaborate in the discovery and the avoidance of some of the plans of the organization.

Article 361 Other consequences of the offence The Court may agree on any of the measures provided for in article 71 in relation to the unlawful association.

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

The fourth chapter. Crimes of terrorism, Article 362 definition of terrorism 1. They constitute acts of terrorism, inasmuch as it related to an individual or collective project that has to the subversion of the constitutional order or the severe bombing of the public peace and order through intimidation and terror, the following offences: attacks volunteers against the life and integrity of the people.

The illegal detention, kidnapping, threats or constraints.

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

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

2. Constitutes terrorist group the Group of armed people and organised for carrying out acts of terrorism.

Article 363 Penalty 1. One who belongs, performing the service or collaborating with a terrorist group, committing any act of terrorism must be punished: a) With penalty of twenty to thirty years ' imprisonment when the offence is punishable with imprisonment up to twenty years.

b) With penalty of fifteen to twenty years ' imprisonment when the offence is punishable with imprisonment up to fifteen years.

c) With penalty of ten to fifteen years ' imprisonment when the offence is punishable by imprisonment up to ten years.

d) With penalty of five to eight years ' imprisonment when the offence is punishable with imprisonment up to five years.

e) With penalty of three to five years of imprisonment when the offence is punishable with imprisonment up to three years.

2. the Commission of an act of terrorism without membership or without acting on the service


Navy band, organization or terrorist group, must be punished with the penalty that corresponds to the fact committed in its upper half.

Article 364 Other offences with terrorist purpose 1. One who belongs, performing the service or collaborating with a terrorist group and with the purpose established in the first section of the article 362, commit any offence provided for in this code, should be punished with the penalty that corresponds to the fact committed in its upper half.

2. The who network by any means an ideology or doctrine to justify the recourse to terrorism or in favour of groups or organizations that have practiced or have supported should be punished with imprisonment of three months to three years.

Article 365 Active Membership in The terrorist group who participate as active members in a terrorist group should be punished with a prison sentence of three to eight years, without prejudice to the responsibility for the crimes of terrorism committed.

Article 366 collaboration with terrorist group 1. The 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 and the goals of 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.

The provision or collection of money.

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

Article 367 importance of repentance in the crimes provided for in this chapter, the Court may apply the penalty reduction provided for in article 53 treated differently in the judgment, for the offence in question, when the subject has voluntarily given up terrorist activity and will present it to the authorities to confess the facts in which you have participated and, in addition , collaborate actively to prevent the production of the crime or to provide decisive evidence to identify or arrest the authors, or to prevent the performance of the group.

Title XX. Crimes against the peace and independence of the Principality Article 368 attack on the independence of the Principality who, through violence, intimidation, abuse or usurpation of functions, submit all or part of the territory of the Principality to the sovereignty of another State should be punished with a prison sentence of ten to twenty years.

The attempt, conspiracy and incitement are punishable.

Article 369 Provocation of war who with illegal acts cause a declaration of war, an invasion or a military aggression against the Principality of Andorra and the Principality's participation in an armed conflict, should be punished with penalty of fifteen to twenty years ' imprisonment if it is authority or officer and ten to fifteen years if it is not.

If the fact does not derive significant consequences for the life, health or dignity of the people, the penalties have to be mitigated in accordance with the provisions of article 53.

The attempt, conspiracy and incitement are punishable.

Article 370 Outrage against net neutrality "who, on the occasion of an armed conflict between third countries, attempts or seriously compromised the neutrality or the international security of the Principality should be punished with a prison sentence of six to twelve years.

The attempt, conspiracy and incitement are punishable.

Article 371 Treason The Andorran citizen to take arms in the service of another State against the Principality of Andorra should be punished with a prison sentence of five to fifteen years. Also should be punished with the same penalty the who in the event of armed conflict, with the participation of the Principality or of foreign assault weapons provision, financing or communicate sensitive information to a State or foreign power.

The attempt, conspiracy and incitement are punishable.

Title XXI. Offences against the public service chapter. Trespass on the public function Article 372 Trespass of official authority or the authority or the officer who, with knowledge of their injustice, adopt an arbitrary decision in an administrative affair should be punished with a penalty of disqualification for the exercise of public charge up to ten years.

Article 373 illegal Appointment the authority or the officer who, in the exercise of their competence and knowledge of its arbitrariness, suggest or named for the exercise of a specific public office anyone without the attendance of the requirements established by law, should be punished with a penalty of disqualification for the exercise of public office for up to five years.

The one who accepts the proposal or the appointment knowing that I lack the requirements legally required should be punished with a fine penalty up to 6,000 euros.

Second chapter. Infidelity in the custody of documents and violation of Article 374 secret Theft of documents 1. The authority or the officer who removes, shred, misuse or hide, totally or partially, documents of which it has custody by reason of his Office, shall be punished with imprisonment of three months to three years and disqualification for the exercise of public charge up to six years.

2. The particular that removes, shred, misuse or hide, completely or partially, public documents should be punished with penalty of arrest.

Article 375 Destruction or disabling of labels or other measures taken to restrict access to a document 1. The authority or the officer that, by reason of his Office, has been entrusted with the custody of documents of which the competent authority has restricted their access and that destroy or misuse of the media made to prevent access to or destruction or disabling this consent, should be punished with imprisonment up to one year and disable for the exercise of public office up to three years.

2. The particular that destroy or misuse of the means referred to in the preceding paragraph should be punished with penalty of arrest.

376 article illicit Access to documents 1. The authority or the officer that, without due authorization, access to secret documents the custody of which it has been entrusted by reason of his Office, shall be punished with a penalty of disqualification for the exercise of public office up to three years.


2. The particular that access to public documents illicitly secrets should be punished with penalty of arrest.

377 article revelation of secrets 1. The authority or the officer who reveal secrets or information that do not affect the privacy of a person, of which it has knowledge by reason of his Office and that does not have to be disclosed, must be punished with penalty of disqualification for the exercise of public office up to three years.

2. The particular that reveal secrets or information from those described in the previous section should be punished with a fine penalty up to 6,000 euros.

3. If the revelation to which refer to the previous sections affects the privacy of a person's worth should be imprisonment of three months to three years and disqualification for the exercise of public office for up to five years.

Third chapter. The concussion and Concussion charges illegal 378 Article 1. The authority or the officer who, in the exercise of his Office, personally or by person interposed, in their own benefit or for a third party, mislead or take advantage of the failure of others to receive money or other benefits not due or over due should be punished with imprisonment of three months to three years, fined up to three times the benefit obtained and disqualification for the exercise of public charge up to six years.

2. If the advantage is obtained by using violence, intimidation or threat, it has to impose the penalty of imprisonment in its upper half, fine up to three times the benefit obtained and disqualification for public rights up to ten years. The attempt, in this case, is punishable.

3. The authority or the officer who, in the exercise of his Office, agrees to an unjustified exemption of taxes legally due, must be punished with penalty of disqualification for the exercise of public office up to three years and fine up to three times the damage caused to the administration.

Article 379 illegal Charges the authority or the officer who, in the exercise of his Office, required taxes or payments not due or an amount higher than the legally due, must be punished with fine penalty up to 30,000 euros and suspension for the exercise of public office up to three years.

The fourth chapter. Corruption and traffic of influences Article 380 Corruption 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by person interposed, assessed advantages economically or accept offer or promise in order to make a proper act of his Office, should be punished with penalty of fine up to three times the value of the advantage and suspension for the exercise of public office up to three years.

2. The particular offering, give or promise to the authority or the officer assessed benefits financially in order to perform one of the acts described in the preceding paragraph should be punished with penalty of fine up to three times the value of the advantage.

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

Article 381 increased Type 1. The authority or the officer that, in profit or of a third party, ask for, or receive, personally or by person interposed, assessed advantages financially or accept offer or promise to make or have made, in the exercise of his Office, an action or an omission unfair to delay proceedings or to adopt an act of political nature, should be punished with a prison sentence of one to four years fine, 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 authority or the officer assessed benefits financially in order to perform one of the acts described in the preceding paragraph should be punished with imprisonment up to two years, fined up to three times the value of the advantage and prohibition to enter into contracts with the Government for up to four years.

Article 382 Other active subjects of corruption That in the two previous articles in relation to the authority or the officer, is also applicable 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.

Judicial Corruption 383 article 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 make a proper act of his Office 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 384 increased Type 1. In the case of section 1 of the previous article, if the Act in Exchange for the advantage is to issue or have issued a resolution unfair or delaying it, it has to impose imprisonment from two to five years, 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 imprisonment of three months to three years and fine up to three times the value of the advantage.

385 article privileged Types When the bribery occurs because criminal for the processing, on the part of their spouse or person linked him to a situation of fact equivalent, or any ascendant, descendant or brother, by nature or by adoption, has been to impose the fine subornador worth up to double the advantage, in the case of article 383 and arrest in the event of the article 384.

Article 386 Traffic of influences 1. The person who brings in an authority or an official with prevalence of any situation arising from his personal relationship with this or another officer or authority to get a resolution that you can generate, directly or indirectly, a benefit for her or for a third person, should be punished with penalty of arrest and fine up to twice the benefit pursued or obtained. The Court may, in addition, impose the penalty of prohibition of


contract with the Government for up to three years.

2. The authority or the officer influenced should be punished with the same punishment and suspension of public charge up to three years.

3. When the author is authority or civil servant and the influence caused by the prevalence of the powers inherent in the Office or any personal or parental relationship, you have to impose imprisonment of three months to three years, fined up to double the benefit pursued or obtained and suspension of public charge up to five years.

Chapter five. The illegal financing of political parties in Article 387 illegal Financing of political parties Who receive funding for a political party in contravention seriously the obligations and conditions imposed in the law on financing of political parties should be punished with imprisonment of three months to three years and fine up to triple the amount received.

Chapter six. Waste of public flows Article 388 theft of public property 1. The authority or the officer who, for profit, or updated his post flow removes public by reason of its functions, shall be punished with imprisonment of three months to three years and disqualification for public rights up to six years.

2. If the fact is the amount of the special gravity attended the stolen money, the public sector affected or the nature and destination of the flows or stolen effects, has been to impose imprisonment from two to five years and disqualification for public rights up to twelve years.

3. The attempt is punishable.

Article 389 unfair Administration of the public heritage the authority or the officer that you have attributed, by reason of its functions, to have, to hold legal or business force on behalf of any public body or company and abuse in their own benefit or for a third party of this competition causing a prejudice to the entity, should be punished with a prison sentence of one to four years and disqualification for public rights to up to eight years.

Article 390 temporary Use of public goods the authority or the officer that by reason of their functions have at their disposal volumes or public purposes and use or have no ultimate empowerment, for the benefit of your own or a third party, should be punished with penalty of arrest and suspension of public charge up to two years as long as the culprit it brings within 10 days from the distraction or , otherwise, with imprisonment of three months to three years and disqualification for the exercise of public charge up to six years.

Chapter seven. Other abuses in the exercise of the public function Article 391 Interference of private interests in the public function 1. The authority or the officer who, having to inform or resolve, by reason of his Office, in any kind of contract, affair, operation or activity, take advantage of this circumstance to force or facilitate any form of participation, either directly or by person interposed, in these businesses or activities, should be punished with penalty of arrest and disqualification for the exercise of public office for up to four years.

2. The provisions of the previous section is also applicable to expert witnesses, arbitrators, tutors, curators and Trustees, replacing the penalty of disqualification for the exercise of public office by the opt for the exercise of the trade or the post.

392 article prohibited Negotiations 1. The authority or the officer who, acting by reason of his position in any of the acts of the modalities of public contracts or settlements of effects or belongings audiences concerti with the interested or make use of any other artifice to defraud any public entity or company, should be punished with penalty of arrest and disqualification for the exercise of public office for up to four years.

2. The individual who will arrange with the authority or the officer to carry out the acts described in the previous section must be punished with the same penalty of arrest, in addition to the ban on contracts with public authorities up to six years.

393 article abuse of insider information on the part of 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 of three months to three 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 394 using insider information from a particular 1. In particular that take advantage for himself or a third party of the secret or insider information you get from an authority or an officer, or to which access so illegal, should be punished with penalty of fine up to three times the benefit obtained.

2. If it is a serious detriment to the public or cause to third parties, should be imposed in addition to the fine penalty referred to in the preceding paragraph, the penalty of arrest.

3. The Court may impose, in addition, the penalty of prohibition of contracting with the public administrations, up to three years.

Eighth chapter. The illegal marriage Article 395 celebration of marriage illegal, the authority or the officer who authorized the illegal marriage should be punished with penalty of arrest and disqualification for the exercise of public office up to three years.

With the same penalty of arrest must be punished in particular that leads to the previous behavior.

Chapter nine. Attacks against officials and usurpation of public functions Article 396 Hindrance of public functions who, through violence or intimidation to exert or try to influence an authority or a public servant in the exercise of their functions or prevent the exercise should be punished with a prison sentence of one to four years, without prejudice to the penalty corresponding to the consequences of the fact.

Article 397 Resistance and disobedience who, without incurring the crime of the previous article, resist or severely desobeeixi the administrative or judicial authority or public officials when


they are legitimately exercising functions of his Office, should be punished with penalty of arrest or fine up to 6,000 euros.

Article 398 of the administrative enforcement of any obstructions to The who by force of things prevent the execution of administrative decisions should be punished with penalty of arrest or fine up to 6,000 euros.

Article 399 Usurpation of public functions who illegitimately exercise acts of authority or civil servant to release official character, should be punished with imprisonment of three months to three years.

Title XXII. Offences against the administration of Justice chapter. Trespass Trespass 400 Article judicial magistrate of batlle, or arbitrator 1. The mayor or magistrate who, knowing this, issued a resolution unfair must be punished with imprisonment of three months to three years and disqualification for the exercise of public charge up to 12 years, notwithstanding that the facts will be punished, moreover, in accordance with other provisions of this code if, as a result of the unjust resolution, originates or goes on the deprivation of liberty of a person, or violates other fundamental rights.

2. The referee that make the previous behavior should be punished with imprisonment of three months to three years and disqualification for the exercise of the trade or the post up to six years.

Article 401 Recklessness or ignorance the mayor or magistrate to serious recklessness or inexcusable ignorance issued judgment or manifestly unjust resolution should be punished with a penalty of disqualification for the exercise of public charge up to six years.

Article 402 Denial of justice the mayor or magistrate who, without legal cause alleged, refuses to issue resolution should be punished with a penalty of disqualification for the exercise of public office for up to four years.

Article 403 undue 1. The Mayor, the magistrate or the Court Secretary that set back the instruction or the development of any procedure you have in charge, with the aim of favouring or hurting one party or to make sterile procedural action object should be punished with a penalty of disqualification for the exercise of public office for up to four years.

2. When the responsible for the events described in the previous section is another judicial official has been to apply the reduction of penalty provided for in article 53.

Second chapter. The default of duty to prevent crimes or chase them Default 404 Article of duty to prevent crimes 1. The who, without risk to him or for third parties, to prevent the Commission of any felony or misdemeanor against the physical integrity of persons, by means of his personal action or asking for the intervention of third parties, and refrain from doing so, should be punished with penalty of arrest.

2. The same penalties shall be punished who, being able to do, not communicated to the authority or its agents the imminent Commission or of a crime of the described in the previous section, if it is in time to prevent it or reduce its effects.

3. The authority or the officer that, without the obligation of his Office, commits the conduct described in the first section of this article, shall be punished with imprisonment of three months to three years and disqualification for the exercise of public office for up to four years.

405 article Omission of duty of prosecution of crimes the authority or the officer that, without the obligation of his Office, to stop promoting the prosecution of crimes of which it becomes aware, or its officers, should be punished with a penalty of disqualification for the exercise of public charge up to two years.

Third chapter. 406 Article hiding Hiding Is Peachum who, with knowledge of the Commission of a crime and without having participated as an author or as an accomplice, intervene with subsequent to its execution: Hiding, altering or cut off the body of the crime, their effects or instruments.

Assistant, non-profits, the authors or accomplices to take advantage of the goods from the crime.

Helping participants of the crime to evade the investigation of the authority or its agents, or to withdraw its research and capture, provided the undercover crime is considered crime against the life of the people, of genocide or terrorism.

Article 407 Penalty and excuse of absolution 1. The Peachum of a felony should be punished with a prison sentence of one to four years. If it is a lesser crime must be punished with imprisonment up to one year. When the author of the offence of concealment is authority or civil servant and has worked with abuse of its functions has been to impose, in addition to the prison sentence due to the penalty of disqualification for the exercise of public charge up to six years.

2. In no case can impose a sentence of imprisonment higher than that should be imposed on an accomplice of a crime or crimes undercover.

3. it is not worth the Peachum who is the spouse or a person attached to him by a situation of fact equivalent of ascending, descending or brother by nature or adoption.

Article 408 common Provision the provisions of this chapter apply even when in a situation where the author or accomplice of the undercover crime any of the circumstances provided for in articles 26 and 27 or 227.

The fourth chapter. Offences of laundering of money or securities Article 409 money laundering or securities who commit an act to hide the source of money or securities as well as the assets acquired with these or their counterpart, coming from any felony you have indicated a prison sentence to a maximum limit of which is more than three years or a minor offence of pimping or drug trafficking , knowing their origin and without having been convicted as the author or 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.

Article 410 qualified Type must be imposed prison sentence of three to eight years when you take any of the following circumstances: 1. When the offence is committed by an organized group.

2. When the subject open with habitualitat.

3. 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.

411 accessory Consequences article The Court may impose, in the same way, any 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.

Article 412 of the penal law the three previous articles are applicable even if the main offence has already been carried out abroad, provided that this offence is criminally punished by the Andorran law.

Article 413 punitive Reductions in criminal policy In who in the course of an investigation or of an instruction promotes with its revelations the dismantling of a toxic drug traffickers network or money laundering will apply the reduction of penalty provided for in article 53.

The Court may not impose custodial sentences who spontaneously put in knowledge, prior to the opening of an investigation or a legal instruction, constituent facts of crimes above mentioned with sufficient precision to make stop their heads.

Chapter five. Realization of arbitrary Execution, arbitrary law 414 Article of own right who, for one in its own right, with contempt of the jurisdiction or the Administration, make use of force on things or other unlawful means, should be punished with penalty of arrest, provided that the facts are not constituting another offence or contravention penalty.

Chapter six. Accusation and allegation is false and False accusation or complaint 415 Article crime simulation 1. The charge of a criminal offence, with knowledge of their falsity or with reckless disregard to the truth, before a judicial or administrative authority or a civil servant has a duty to proceed in their investigation because they do, must be punishable with imprisonment of three months to three years if it is a crime and arrest if it is a criminal contravention.

2. When, in addition, the complainant or accuser has propagated the false complaint or accusation with advertising, in the form that has been defined in article 175, the penalties provided for must be imposed on its upper half and should apply, where applicable, the penalty of publication of the judgment. In this case, is responsible for the subsidiary civil natural or legal person owning the information medium through which you have spread the false complaint or indictment.

3. you may not proceed against the complainant or accuser rather than having them dictated a firm sentence of absolution or summons, also strong, definitive or provisional or oversight of file, the mayor or court to have known of the violation imputed. They have to order the appropriate instruction of summary against the complainant or accuser when there are rational indications of the falsity of the imputation.

Article 416 simulation of crime who, in front of one of the officers identified in the previous article, simulate was responsible for, or have been the victim of a criminal offence, non-existent, should be punished with penalty of arrest.

Article 417 common Layout in charge of crimes provided for in the present chapter is exempt from penalty if it backs out before having caused procedural actions. If you do it later, and before the conclusion of the hearing of the cause, it must be applied the reduction provided for in article 53.

Chapter seven. Testimony, opinion and false translation Article 418 Testimony false 1. The who testifiqui knowing that lack substantially in the truth, or with reckless disregard to the same, in a judicial procedure should be punished with imprisonment of three months to three years and its top half in the case of criminal proceedings.

2. When the false testimony in a criminal procedure occurs to the detriment of the accused should be punished with a prison sentence of one to four years.

3. The same penalties shall be imposed when the testimony is false international tribunals competent in the merits of international treaties or in compliance with a Commission rogatòria of a foreign court.

Article 419 Experts and interpreters the player or the appraisal that, without substantially on the truth or with reckless disregard to the same truth, translation issues, opinion or advice, or ratified in court proceedings, must be punished by the same penalties provided for in the previous article the trademarks of disqualification for the exercise of the trade or by up to five years.

420 article reduction of penalty for kinship When the conduct provided for in article 418 is made in favour of one of the people described in the article 31 shall apply the reduction of penalty provided for in article 53.

Article 421 exemptions and reductions of punitive criminal justice policy Is exempt from penalty who having given testimony, opinion or false translation is expressly decided, stating the truth because they have effect before they handed down judgment. If as a result of false testimony there was deprivation of liberty has been to apply the reduction provided for in article 53.

Eighth chapter. Obstruction of Justice and disloyalty procedural and professional Article 422 Absence in sight in the penal process 1. The who having been quoted in a legal way and without just cause, leave to appear before a court in a criminal process with the reu in temporary prison, and cause the suspension of the oral views, should be punished with penalty of arrest or fine up to 6,000 euros.

2. When the head is a lawyer or solicitor in professional performance, has been to impose, in addition, the penalty of disqualification for the exercise of the trade or by up to four years.

423 article protection of those involved in the process who through violence or intimidation to exert or try to influence a person who is denouncing, part or imputed, lawyer, Attorney, expert, interpreter or witness in a procedure, to modify its procedural action, should be punished with a prison sentence of one to four years, without prejudice to the penalty corresponding to the consequences of the fact.

If the previous behaviour is carried out by offering an advantage or a promise worth advantage must be imprisonment up to two years.

Article 424 media Retention test 1. The who, having in their possession trial means that they can avoid the Declaration of guilt of a processed, without that are inculpatoris to him or one of the persons described in article 31, the shred, misuse or


refrain from providing them to the authority, shall be punished with imprisonment of three months to three years if the processing is in a situation of temporary prison and with penalty of arrest in other cases.

2. When the head is an agent of the authority that intervene or has been involved in the process is to impose, in addition, the penalty of disqualification for the exercise of public office for up to four years.

3. When the head is a lawyer or solicitor of processing, has been to impose, in addition, the penalty of disqualification for the exercise of the trade or the post up to six years.

Article 425 Revelation of secrecy 1. The lawyer or the solicitor that reveal secret by the judicial authority declared to be procedural, should be punished with penalty of arrest and disqualification for the exercise of the trade or by up to four years.

2. Whether it is mayor, magistrate, representative of the public prosecutor's Office, judicial Secretary or any officer in the service of the administration of Justice has been to impose penalty of arrest and disqualification for the exercise of public charge up to six years.

3. If it is a private individual, you must impose penalty of arrest. The Court may impose, in addition, the penalty of suspension for the exercise of the trade or by up to four years.

Article 426 Disloyalty professional 1. The lawyer or the solicitor who, having consulted or taking the defence or representation of a person, defend or represent simultaneously or successively in the same affair who have opposing interests, without the consent of these, should be punished with penalty of arrest and disqualification for the exercise of the trade or the post up to six years.

2. The lawyer or the solicitor who, by action or omission, unreasonably expresses the interests that have been entrusted must be punished with fine penalty up to 30,000 euros and disqualification for the exercise of the trade or by up to four years.

Article 427 Hindrance of execution of judicial resolutions The who by force in things or ways in fact hinders the execution of a court order, should be punished with penalty of arrest.

Failure to comply with court rulings relating to the guardianship and custody of children or to the payment of pensions to family food should be punished with the same penalty.

Chapter nine. Crebantament and help to escape Article 428 Crebantament sentence, prison or provisional arrest 1. The prisoner or detainee who, by force of things, crebanti his sentence in jail, prison or provisional detention, should be punished with imprisonment up to one year.

2. When, in the case of the preceding paragraph, make use of violence or intimidation on people or taking part in a mutiny, has imposed prison sentence of one to four years.

3. The prisoner who did not return to prison after a permission, should be punished with penalty of arrest.

4. The one who crebanti the penalty of expulsion of the Principality should be punished with a prison sentence of up to eight months unless he does not apply the article 65 point 3.

5. The sentenced to penalty of arrest that crebanti the penalty imposed should be punished with a prison sentence of up to eight months.

6. The sentenced to penalties of not included in the previous sections that crebanti the penalty that has been imposed should be punished with penalty of arrest.

Article 429 to escape 1. Who facilitates the escape to a person condemned, shot or arrested, should be punished with imprisonment up to one year.

2. If it makes use of violence or intimidation to force people into things or bribe, has imposed prison sentence of three months to three years.

3. When the person in charge is the spouse of the sentenced, taken or detained, or person bound to him by a situation of fact equivalent, or ascending, descending or brother by nature or adoption, you must apply the reduction of penalty provided for in article 53.

4. When the person in charge is a civil servant in charge of driving or custody of the condemned, taken or detained, they must apply the penalty on its upper half and, moreover, the penalty of disqualification for the exercise of public charge up to ten years.

Title XXIII. Offences against the security of the legal traffic chapter. Forgery of currency and ringing effects Section first. False coin Article 430 concept of currency for the purpose of this section is considered currency: 1. The metal coin and paper money of legal tender in the Principality of Andorra or in any other foreign country.

2. The titles of national or foreign credit that, by law, have to appear in a type of printing paper or specially addressed to prevent or hinder their falsification and which by their nature or purpose, must incorporate a heritage value.

3. debit or credit cards and traveller's cheques.

431 article creation and putting into circulation of coin inautèntica 1. Should be punished with a prison sentence of three to five years and with fine up to three times the value of the currency: a) the who makes inautèntica currency with the intention of bringing it or that is put into circulation. For the purposes 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) the who, having received money knowing their inautenticitat, the character in order to put it or that is put into circulation.

b) Who, having received money knowing their inautenticitat, the enter in Andorran territory in order to put it or that is put into circulation.

3. The who perform some of the behaviors provided to previous sections should be punished, in the case of the first section, with a prison sentence of five to eight years and fine up to sextuple the apparent value of the currency, and in the case of the second section, with a prison sentence of four to eight 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. The 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 432 preparatory Acts punishable the manufacture, transfer, sale or possession of instruments, materials, substances, machinery, computer programs, equipment or other tools, specifically aimed at the creation of inautèntica currency, must be punishable with imprisonment up to two years as long as it may arise from a risk for the monetary traffic.

Second section. Falsehood of ringing effects Article 433 concept of official effect 1. For the purposes of this section, are considered to be ringing effects are printed on the label of the Principality of Andorra and which are sold directly by the State or by means of a concessionaire entity, aimed to prove the payment of tax obligations or the payment of public services, to receive charges that have prescribed this form of payment and to make effective pecuniary responsibilities.

2. Are ringing effects post stamps.

434 article creation and putting into circulation of inautèntics ringing effects 1. Should be punished with imprisonment of three months to three years and with fine up to three times the value of the effect: a) who produce ringing effects inautèntics with the intention of making them or that they are put into circulation.

b) who alters ringing effects already issued with the intention of making them or that they are put into circulation.

c) who, having received ringing effects with knowledge of their inautenticitat, are put into circulation.

The attempt is punishable.

2. you have to be punished with imprisonment up to one year and a fine up to twice the apparent value of the effect: a) the who, having received ringing effects knowing their inautenticitat, the character with the purpose of putting them into circulation or make putting them into circulation.

b) who, having received ringing effects knowing their inautenticitat, the enter in Andorran territory with a view to putting them into circulation or make putting them into circulation.

Second chapter. Forgery of documents, technical recordings and computer data Section first. False document Article 435 creation, use and marketing of document inautèntic 1. The 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.

436 article creation, use and commercialization of inautèntic document by an officer The officer who, in the exercise of their functions, perform the conduct set out in the previous article in relation to a public document that can issue or use, shall be punished with imprisonment of three months to three years and with penalty of disqualification for the exercise of public charge up to eight years.

437 article creation, use and commercialization of inveraç document by a civil servant 1. The officer who, in a public document issued in the exercise of their duties, or appropriate data in a record, book or public file, do so falsely entering statements, facts or acts on which the document has a probative value versus third parties, should be punished with imprisonment of three months to three years and with penalty of disqualification for the exercise of public charge up to eight years.

2. The use or sale of this class of documents must be punishable with imprisonment of three months to three years. If the culprit is an officer acting in the exercise of their functions, shall be punished with imprisonment of three months to three years and disqualification for the exercise of public charge up to eight years.

Article 438 mediata Creation, use and commercialization of inveraç document for particular 1. The one who caused that an officer in the exercise of their functions or appropriated record in documents, files, books and public records, statements, acts or facts that have not been produced or that have not been issued, or in a different way from the one that has been set down, and over which the instrument make public evidence against third parties, should be punished with imprisonment of three months to three years.

2. The use or marketing of this kind of documents should be punished with the same penalty. If the culprit is an officer acting in the exercise of their functions, shall be punished with imprisonment of three months to three years and disqualification for the exercise of public charge up to eight years.

Article 439 Attempt attempt is punishable only with respect to the conduct of use and marketing provided in previous articles of this section.

440 article creation, use and commercialization of inveraços certificates 1. Out of the cases provided for in the preceding articles, the professional who, in the exercise of its activity, issue a certificate falsely entering facts about which this in make test, should be punished with penalty of arrest and suspension for the exercise of the trade or by up to three years.

2. The use or marketing of a certificate so issued must be punished with penalty of arrest.

Article 441 document Deletion who destroy, harm, or hide a document that does not belong, or doesn't belong exclusively, with the purpose of obtaining an advantage for himself or for a third party or to cause a prejudice to a third party, shall be punished with imprisonment of three months to three years if it is a public document or title value. In another case, should be punished with imprisonment up to one year.

Second section. Falsehood of technical recordings Article 442 concept of technical recording technical recording shall be understood as a relationship of data, values of measurement or calculation, situations or course of events, not attributed to one person, created by a technical device that works fully or partially automatically, allowing you to recognize in the generalitat or initiated the subject of the recording and it is suitable for checking the facts legally relevant.

Article 443


Creation or alteration of technical recording The who, in order to be introduced to the legal traffic, makes a technical recording inautèntic, either directly or by manipulating the process of annotation in a way that alters the result, or alters a technical recording authentic, must be punished with imprisonment up to two years.

444 article use of technical recording inautèntic or altered The who use a technical recording inautèntic or altered must be punished with imprisonment up to two years.

445 article removal of technical recording The who destroy, harm or obscure a recording technician who does not belong, or doesn't belong exclusively, with the purpose of obtaining an advantage for himself or for a third party or to cause a prejudice to a third party, shall be punished with imprisonment up to two years.

The third section. Falsity of computer data Article 446 creation or alteration of computer data On who, in order to be introduced to the legal traffic, record, either directly or by manipulating the functioning of data processing, computer data or may alter that are relevant to the test that does not meet the requirements to be a document, so that, if these requirements are fulfilled, the result of the activity is a document inautèntic , should be punished with imprisonment up to two years.

447 false or altered use of computer data article who use computer data created in the manner described in the previous article shall be punished with imprisonment up to two years.

Third chapter. Personal identity Usurpation 448 Article falsehoods who usurpi the identity of others should be punished with imprisonment up to two years, without prejudice to the corresponding to the other crimes they have committed.

Article 449 Intrusion 1. The who exerciti acts of a profession without having the requisite academic qualification that certifies the necessary training to enable for your exercise, issued or recognized in the Principality of Andorra according to the legislation in force, must be punished with penalty of arrest.

2. When the author of the conduct described in the previous section will refer professional-quality publicly mentioned should be punished with penalty of arrest and fine up to 30,000 euros.

Title XXIV. Offences against the international community chapter. Crimes against the right of peoples Article 450 of Murder the head of State who kill a foreign head of State or a person internationally protected by an international treaty, it should be punished by prison sentence of eighteen to twenty-five years.

The attempt, conspiracy and incitement are punishable.

451 article attacks the integrity or freedom of the foreign representatives who hijack, Nick, physically agredeixi, coerce or threatens a person defined in the previous article should be punished with the penalties provided for the respective crime in its upper half. If as a result of coercion or threat force is one of these people to run an event or to adopt a decision detrimental to the interests of the Principality the punishment should be imprisonment of five to ten years.

The attempt is punishable.

The conspiracy and provocation are punishable in the case of abduction or detention.

Article 452 Libel, slanders and insults against foreign heads of State On whom offended a foreign head of State acts or expressions constitute defamation or injury shall be punished with imprisonment of three months to three years.

If the fact is considered slander should be punished with a prison sentence of one to four years.

Article 453 attack on the residence of head of State any crime committed against the residence or the official premises of a foreign head of State should be punished with the penalties provided for in this code for each crime, in its upper half.

Article 454 violation of the immunity The who, in contravention of the provisions of public international law, violate the immunity of a foreign head of State or a person internationally protected by an international treaty, shall be punished with imprisonment of three months to three years.

Article 455 Abduction of ship or aircraft who, with violence or intimidation, seize or take control of a ship or aircraft in which will transport people, should be punished with a penalty of one to five years in prison and seven to thirteen years of imprisonment if the circumstances of point 3 of article 135.

The attempt is punishable.

Second chapter. 456 Article 1 Genocide genocide. The who, in execution of a plan seems tending to the total or partial destruction of a national, ethnic or religious group, or a specific group from any other arbitrary criterion, make one of the following offences, shall be punished: a) With imprisonment of twenty to thirty years in the case of manslaughter or murder.

b) With imprisonment of fifteen to twenty years in the case of kidnapping of members of the group in question, followed by their disappearance.

c) with a prison sentence of ten to fifteen years in the case of forced deportation of all or part of the members of the group in question.

d) With prison sentence of ten to twenty years in case of submission to conditions of existence of nature to produce the total or partial destruction of the group in question.

e) with a prison sentence of eight to twelve years in the case of measures taken in respect of all or of part of the group in question aimed to prevent or hinder the births.

f) with a prison sentence of eight to twelve years in the case of dealings inhuman or degrading treatment, or reduction of the whole or part of the group in slavery.

g) with a prison sentence of eight to sixteen years in the case of sexual assault.

2. The attempt, conspiracy and incitement are punishable.

Article 457 Apology of the genocide who spread by any means an ideology or doctrine to justify the recourse to genocide or in favour of schemes, parties or organizations that have practiced or have supported, should be punished with imprisonment of three months to three years.

Article 458 Denial of the genocide who denied in a medium of communication of the existence of facts described as a genocide in this chapter and declared for a jurisdiction should be punished with imprisonment up to two years.

Third chapter. Crimes against humanity Article 459 basic type Are reus of offences against humanity those who commit the acts outlined in the following article as part of a widespread or systematic attack against the civilian population or a sector of this population.

In any case, it is considered a crime against humanity the Commission of one such attack: because the victim belonged to a group or community persecuted for reasons


racial, national, ethnic, cultural, political or religious.

In the context of an institutionalized regime of systematic oppression and domination by one racial group over one or more racial groups and with the intention of maintaining that regime.

460 article Barely 1. The reus of crimes against humanity should be punished with imprisonment from fifteen to twenty years if they cause the death of a person. The Court may impose the penalty provided for in the augmented half of their upper limit if there is any any of the following constitutive of the crime of murder.

With imprisonment from twelve to fifteen years if they commit a violation and four to six years if the fact is in a different kind of sexual assault.

With imprisonment from twelve to fifteen years if you produce some of the injuries of the article 116, with eight to twelve years in prison if subjected people to conditions of existence that endangers your life or seriously disturb their health, and with the four to eight years in prison if they commit some of the injuries of the article 115.

With a prison sentence of eight to twelve years if deported or transferred by force, without grounds permitted by international law, one or more persons to another State or site by expulsion or other acts of coercion.

With a prison sentence of six to eight years if forced pregnancy in a woman with the intent to modify the ethnic composition of the population, without prejudice to the relevant penalty for other crimes.

With imprisonment from twelve to fifteen years if you arrest someone and they refuse to acknowledge that deprivation of freedom or to give reason of the site where you will find the person arrested.

With a prison sentence of eight to twelve years if you arrest one person, depriving them of their freedom, with infringement of the international rules on the arrest.

It has to impose the penalty in the bottom half when the detention lasts less than 15 days.

With a penalty of four to eight years in prison if they commit serious torture on people who have under his custody or control and with two to six years ' imprisonment if it is less severe. For the purpose of this article is meant to torture the submission of the person to physical or psychological suffering. The penalty for torture must be imposed without prejudice to the corresponding for attacks on other rights of the victim.

With a prison sentence of four to eight years if you make any of the behaviours related to the favour of prostitution and with imprisonment of six to eight years in cases of pandering. It has to impose the penalty of six to eight years in prison for those who move people from one place to another, with the purpose of their sexual exploitation, using violence, intimidation or deceit, or abusing a position of superiority or the need or vulnerability of the victim. When the facts will make on minors or unable the Court can impose the penalty provided for in the augmented half of its upper limit.

With a prison sentence of four to eight years if you subjected any person to slavery or maintain. The penalty should be applied without prejudice to the corresponding for specific terrorist attacks committed against the rights of the people.

2. The attempt, conspiracy and incitement are punishable.

461 qualified Type article if any of the behaviors of the previous article is part of a plan or a policy, or committed on a large scale, we have to apply the respective penalties in its upper half.

Article 462 Crime committed by the authority, or the authority who acts in fact as such, which does not adopt the measures at its disposal to prevent the Commission, by people subject to his command and effective control, of any of the offences included in this chapter, you should be punished with the same penalty that the authors.

If the previous behaviour is done by serious recklessness must apply the reductions of penalty provided for in article 53.

Authority, or who perform effectively as such, which does not adopt the measures at its disposal to be persecuted the crimes included in this chapter, committed by persons subject to his command and effective control, it must be punished with the same punishment that the authors with the reductions provided for in article 53.

Article 463 Crime committed by a superior top not included in the previous article that, within the scope of their competence, did not adopt the measures at its disposal to prevent the Commission by subordinates of any of the offences included in this chapter, you should be punished with the same penalty that the authors.

The superior not included in the previous article that does not adopt the measures at its disposal to be persecuted the crimes included in this chapter committed by his subordinates, should be punished with the punishment of the authors, with the reduction provided for in article 53.

Article 464 Other mancaments the officer or the authority which, without incurring the conduct set out in the previous articles and without the obligation of his Office, to stop promoting the pursuit of any of the crimes of this chapter which has news, should be punished with the penalty of disqualification for public office from two to six years.

Article 465 State of need which have the points 3 and 7 of article 27 of this code in any case is not applicable to those who comply with orders to commit or participate in the facts included in the present chapter.

The fourth chapter. Crimes of war and aggression Article 466 prohibited Media should be punished with a prison sentence of eight to 12 years, without prejudice to the corresponding penalty for the results produced, who, in time of armed conflict: a) Use prohibited means of combat designed to cause unnecessary suffering or superfluous evils that could cause damage serious and lasting in the environment , so that will put in danger the life or the health of the people.

b) Make indiscriminate attacks or excessive or submit the civilian population to attacks, reprisals or acts or threats of violence, with the main purpose of terrified her.

c) Order does not give quarter.

467 article prohibited Practices 1. The who, on the occasion of an armed conflict, place endangered the life, health or integrity of any person protected, the submit to torture or to degrading treatment, including biological experiments, will cause great suffering or make subject to a medical act not indicated for your state of health or to the medical standards generally recognized that the responsibility for the performance would apply in similar circumstances to your own private national non-freedom , should be punished with a prison sentence of five to ten years, without prejudice to the corresponding penalty for harmful results produced.


2. The same penalty shall be punished who deporti, move forced way, take hostage, Nick or illegally confine any person protected or use to put certain points, areas or military forces in the shelter of the attacks of the adverse party and who carries out or keep, with respect to any person protected, practices of racial segregation and other inhuman or degrading practices based on other distinctions unfavourable character that involve personal dignity against the offense.

Article 468 Other crimes should be punished with a prison sentence of five to ten years, without prejudice to the corresponding penalty for the results produced, who, in time of armed conflict: Shred or unnecessary harm, with violation of the rules of international law applicable to armed conflicts, a ship or an aircraft of a non-military part neutral or adverse , without giving time or without adopting the necessary measures to ensure the safety of people and the conservation of the documentation.

Forcing a prisoner of war or a civilian to serve in the armed forces of the adverse party or deprive yourself of the right to be judged on a regular basis and impartial.

Move and assenti, directly or indirectly, in the occupied territory population contingents occupying to reside there permanently.

Impede or unreasonably delay the release and repatriation of prisoners of war or civilian people.

Article 469 Offences relating to social institutions, healthcare or healthcare and to distinctive signs should be punished with a prison sentence of three to seven years, without prejudice to the corresponding penalty for the results produced, who, in time of armed conflict: Violates the protection due to facilities, hospitals, equipment, units and means of medical transport, fields of prisoners , health and safety zones and localities, neutralized zones, places of internment of civilians, towns not defended and desmilitaritzades areas, given to know by appropriate signs.

Exercising violence against health workers or religious or that integrate the medical mission, or relief societies or personal ability to use the distinctive signs of the Geneva Conventions, in accordance with international law.

Maltracti, injuriï seriously, the essential privi food or medical assistance needed any person protected, omit or delay inform the unjustifiably their situation, collective punishments imposed by individual acts or violation of the requirements on accommodation of women and families or on special protection of women and children established in international treaties of which Andorra is part of it.

Use improperly or in a way that may mislead the distinctive signs of the Red Cross and Red Crescent or other protective signs or badges, emblems or signs established and recognized in international treaties of which Andorra is part of it.

Use improperly or in so that it can induce to error flag, uniform, insignia or emblem badge of neutral States, United Nations or from other States that are not party to the conflict or of adverse parties, during the attacks or to cover, favour, protect or impede military operations, unless expressly excepted cases according to international treaties of which Andorra is part of it.

Use improperly or in so that it can induce to error flag of the Parliament or of accountability, undermines the inviolability or unduly hold a Parliament or any of the people at all times, personal protective power or who substitute or a member of an International Commission survey.

Removes the effect of a corpse, wounded, sick, shipwrecked, prisoner of war or civil person hospitalized.

470 article attacks on special goods should be punished with a prison sentence of three to six years who, in time of armed conflict, perform any of the following actions: Attack or run reprisals or acts of hostility against cultural goods or places of worship which constitute the cultural heritage, clearly recognized, or spiritual of the peoples, and to which we have granted protection under special agreements , or cultural assets under enhanced protection, causing extensive damages, provided that the goods are not located in the immediate proximity of military objectives, or are not used to support the military effort of the adversary.

Attack or run retaliation or acts of hostility against civilian goods of the adverse party, causing its destruction, as long as this does not offer, in the circumstances of the case, a definite military advantage or that the goods do not contribute effectively to military action of the opponent.

Attack, destroy, removes or misuse of goods essential for the survival of the civilian population, unless the adverse part use the goods to support directly to a military action or exclusively as a means of livelihood for the members of their armed forces.

Attack or retaliation made against works or installations containing dangerous forces, when the attacks may cause the release of the forces and cause significant losses in the civilian population, unless the works or installations are used to support military operations on a regular basis, an important and direct and that the attacks are the only feasible means of putting an end to the support.

Destroy, harm, or removes, without military necessity, things beyond, force someone else to deliver or perform other acts of pillaging.

471 qualified Type article if any of the behaviors of previous articles are part of a plan or a policy or committed on a large scale, we have to apply the respective penalties in its upper half.

Article 472 Crime committed by an authority the authority, or who perform effectively as such, which does not adopt the measures at its disposal to prevent the Commission, by the subject to his command and effective control, of any of the offences included in this chapter, you should be punished with the same penalty that the authors.

If the previous behaviour is done by serious recklessness has to apply the reduction of penalty provided for in article 53.

Authority, or who perform effectively as such, which does not adopt the measures at its disposal to be persecuted the crimes included in this chapter, committed by persons subject to his command and effective control, it must be punished with the penalty of the author with the reduction provided for in article 53.

Article 473 Crime committed by a superior


The superior not included in the previous article that, within the scope of their competence, did not adopt the measures at its disposal to prevent the Commission by subordinates of any of the offences included in this chapter, you should be punished with the same penalty that the authors.

The superior not included in the previous article that does not adopt the measures at its disposal to be persecuted the crimes included in this chapter committed by his subordinates, should be punished with the punishment provided for the author reduced in accordance with the provisions of article 53.

Article 474 Other mancaments the officer or the authority which, without incurring the conduct set out in the previous articles of this chapter, and without the obligation of his Office, to stop promoting the pursuit of any of the crimes of this chapter which has news, should be punished with the penalty of disqualification for public office from two to six years.

Article 475 Protected Persons for the purposes of this chapter, it is understood by persons protected are wounded, sick or shipwrecked persons, medical personnel or religious, are prisoners of war, the members of Parliament and accompanying staff, the civilian population and any other person who has this condition recognised by international law and by international treaties of which Andorra is part of it.

The third book. Criminal Contravencions criminal Contravencions Article title and against the person Abuse 476. and fraudulent behaviour injury 1. Who maltracti agredeixi a person physically so slight bodily or should be punished with penalty of arrest.

2. The same penalty shall be punished who produce an injury to a person is not defined as a crime by this code.

3. If the acts are committed against person with whom there are family or relationship of coexistence, the penalty of arrest cannot meet ever in regime of house arrest.

4. The attempt is punishable.

Article 477 Injury by mild recklessness who planned to produce a slight injuries of recklessness as a crime should be punished with a fine penalty up to 3,000 euros.

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 478 minor threats and Constraints 1. Whoever causes a person a coercion or harassment of a minor should be punished with penalty of arrest or fine up to 3,000 euros.

2. The who, outside the cases envisaged in this code as a crime, a person threatens to cause a bad establishing penal contravention or misdemeanor, or esgrimeixi weapons or dangerous instruments in a row, should be punished with penalty of arrest or fine up to 3,000 euros.

3. When the facts stated in the above points will commit against any of the people in the article 476.3 apply the same misgivings regarding the arrest, when not applicable to article 114.

4. The who make phone calls repeatedly for the purpose of causing uneasiness, anxiety or fear in a person, should be punished with penalty of arrest or fine up to 3,000 euros.

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.

Article 480 conditions of abusive accommodation who, abusing the need of others, imposes conditions of housing or degrading treatment, should be punished with penalty of arrest or fine up to 3,000 euros.

Title II. Contravencions penalties against the heritage Article 481 Theft 1. The one 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.

2. The who, no appropriate it, backing out 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. Whoever 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.

4. The attempt is punishable.

482 article Defraudacions 1. Who commits fraud or the great scam of the article 211 to value not exceeding 600 euros should be punished with penalty of arrest or fine up to twice the pecuniary damage caused.

2. In the same way should be punished who commit computer fraud worth no more than 600 euros.

3. One who makes defrauding in the use of fluids or telecommunication systems to value not exceeding 600 euros, should be punished with penalty of fine up to twice the damages caused.

4. The one who commits misappropriation or unfair management for value not exceeding 600 euros should be punished with penalty of arrest or fine of up to twice the value of the thing or of the damage caused. If it is appropriation of lost thing to value not exceeding 600 euros, the penalty should be fine for both the double of the value of the appropriate thing.

5. The attempt is punishable.

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 property, acquire or transmit to a third party its effects, should be punished with penalty of fine up to twice the value of the effect.

Article 484 Damages 1. The one who causes a damage of an amount not exceeding 600 euros should be punished with penalty of work in benefit of the community up to a month or fine up to twice the damage caused.

In the case of damage to goods of special interest of the envisaged in article 309 the facts must be considered in any case as a crime.

2. The who without permission to make inscriptions, painted or fix posters or other objects in buildings or urban furniture, should be punished with penalty of fine equivalent to the amount of the repair or work for the benefit of the community.

3. The attempt is punishable.

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.

The who by criminal negligence causes serious damage to computers should be punished with a fine penalty up to 600 euros.

486 article violation of private property 1. The behaviors provided to articles 194 and 195 made with violence or intimidation or force things in other real estate that are described in the


the fingers articles, they must be punished with penalty of arrest or fine up to 600 euros.

2. The alteration or destruction of milestones or brands of delimitation of the property should be punished with penalty of arrest or fine up to 600 euros.

3. The attempt is punishable.

Article 487 Check without provision 1. The 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 the penalty of prohibition to issue cheques up to a year.

2. it is not worth the one who satisfies the amount of the check within the ten days following the date on which it was communicated the introduction of complaint or lawsuit.

3. 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 488 fraudulent use of a credit card who make fraudulent use of credit card for 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 489 Excuse of absolution of kinship is applicable to the criminal contravencions of this title the excuse of absolution by reason of relationship envisaged in article 227.

Title III. Contravencions criminal proceedings against the general interests Article 490 damage to a protected natural area The who outside of the cases of article 291 causes damage to any one of the elements that have served to qualify a protected natural area, should be punished with penalty of arrest or fine up to 1,500 euros.

The attempt is punishable.

Article 491 attacks on protected flora who cut, cut down, burn or rip off illegally any species or subspecies of endangered flora or protected should be punished with penalty of arrest or fine up to 1,500 euros.

The attempt is punishable.

Article 492 illegal hunting 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 inhabited places, the roads and secondary roads included in the hunting ground.

Article 493 illegal Fishing should be punished with a fine penalty up to 1,500 euros the who: 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.

Article 494 Fire by negligence The who to perform any of the expected behaviours to slight negligence articles 299 and 300 should be punished with a fine penalty up to 6,000 euros.

Article 495 reckless damage to goods of special interest The who by criminal negligence causes damage to a historic, artistic and cultural interest or of special significance for the scientific development or technology, should be punished with a fine penalty up to 6,000 euros.

Article 496 Impediments to recklessness in the search who by serious archaeological vestiges alters his recklessness had scientific or historical research should be punished with a fine penalty up to 6,000 euros.

Article 497 Defrauding in the Caixa Andorrana de Seguretat Social administrator of fact or of law in a business or company or the employer who omit to declare fully or partially the wage of workers in respect of which there is a legal obligation to make contributions to the Caixa Andorrana de Seguretat Social, in order to evade the payment of contributions, should be punished with penalty of arrest or fine up to twice the amount defrauded if the amount defrauded in the preceding twelve months exceeds 10,000 euros.

The worker's consent is irrelevant.

It is exempt from liability the person who regularitzi their situation before that court proceedings are directed against him.

Article 498 sensitive Goods 1. The who import or export tobacco illicitly in the ways defined as sensitive commodity in the sensitive goods control Act of March 4, 1999, to a value equal to or higher than 6,000 euros, should be punished with penalty of arrest and fine up to twice the value of the goods.

2. In the same way should be punished who is controlled within the Customs Strip, defined in the law against fraud in customs matters, on March 4, 1999, without the corresponding permit rounding or circulating with the sensitive goods mentioned in point 1 to a value equal to or higher than 6,000 euros.

Article 499 individual Consumption, cultivation, possession or introduction of toxic drug for personal use or consumption by the cultivation, the introduction or possession of cannabis or a similar toxicity drug for personal use must be punished with capital punishment works in benefit of the community or fine up to 600 euros.

Article 500 local consumption and consumption in Group 1. The individual consumption of cannabis or a drug of similar toxicity in a local audience should be punished with penalty of arrest or fine up to 600 euros. For the purposes of this section, local public places assimilated public with multiple people.

2. The consumption set to two or more people of cannabis or drug of similar toxicity should be punished with penalty of arrest or fine up to 600 euros.

Article 501 abandonment of syringes or dangerous objects who abandoned in public places syringes or other dangerous objects, so that they can lead to spread of diseases or other damage to the people, should be punished with capital punishment works in benefit of the community and fine up to 600 euros.

Article 502 Mistreatment of animals who maltracti with an animal cruelty should be punished with a fine penalty up to 600 euros. If the fact is carried out in a public spectacle, the penalty imposed should be fine up to 3,000 euros.

Article 503 of Default control of dangerous animals the owner or the person in charge of a dangerous animal that leave without control in a public place or in a position to be able to cause any harm to the people, should be punished with a fine penalty up to 1,200 euros.

Article 504 Exhibitionism


The who run acts of sexual display in front of one or more persons without the consent of these, should be punished with penalty of arrest or fine up to 1,500 euros.

The attempt is punishable.

Article 505 alteration of public order who, acting in groups and with the purpose to threaten public peace, alters the public order, outside the cases envisaged as a crime should be punished with the penalty of work for the benefit of the community, arrest or fine up to 1,500 euros.

The attempt is punishable.

Article 506 of The Default report not to the authority a crime of included titles I and III, in chapter I of title IV and title VII chapter book and second of this code, shall be punished with fine penalty up to 3,000 euros.

It is not punishable the default reporting when this harm 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 507 false alarm The who, with the purpose to threaten public peace and tranquillity, falsely claimed the existence of explosive, or other situations that may lead to a serious danger, should be punished with penalty of arrest or fine up to 3,000 euros, due to the alarm or the alteration of the order effectively produced.

Article 508 Resistance and disobedience mild who resist or desobeeixi so slight administrative or judicial authority or public officials when they are legitimately exercising functions of his Office, shall be punished with fine penalty up to 1,500 euros.

Article 509 Impediment of the regime of visits The parent or the person in charge of the custody of a minor to the privi unjustifiably denied the right to legally established visits to any family that does not have custody should be punished with penalty of arrest or fine up to 1,500 euros.

The attempt is punishable.

510 article Breach of the duty of cooperation 1. The professional or the technician who, in case of need, be legitimately required by authority or official to lend their collaboration and, without just cause, you reject, should be punished with a fine penalty up to 3,000 euros, provided that the fact is not considered a crime.

2. The who having been quoted in a legal way to stop appear without just cause before a court in a process, resulting in damage to one of the parties or to the development of the cause, should be punished with the same penalty.

511 article abuse of part 1. The who, without incurring the crime stipulated in the letter b) of point 1 of article 209 Sue civilly a physical or legal person pretending to be unaware of the home for the purpose of placing it in a State of vulnerability should be punished with penalty of arrest.

2. If the head is a lawyer or solicitor, shall impose, in addition, the penalty of suspension for the exercise of the trade or the charge up to six months.

Article 512 issuing counterfeit currency who, without incurring the anticipated behavior as a crime, having purchased counterfeit currency without having knowledge, issued after knowing the inautenticitat in quantity not exceeding 600 euros, should be punished with penalty of fine up to twice the apparent value of the currency.

The attempt is punishable.

Article 513 personal Falsehoods should be punished with penalty of arrest or fine up to 3,000 euros who, outside the cases envisaged as a crime: 1. refer professional quality publicly protected by an academic title that is not available.

2. They refer publicly, without owning it, as a civil servant.

3. use publicly and improperly uniform, dress, badge or medal official.

Article 514 illegal Games who organize or participate in illegal games should be punished with penalty of arrest.

The attempt is punishable.

515 article Perseguibilitat The criminal contravencions provided for in article 477 and all of title II are prosecutable only with prior denunciation of the offended party or of the legal representative.

For the pursuit of defamation is necessary in any case of dispute 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.

First additional provision in article 387 is not applicable until it is enacted the law that regulates the financing of political parties.

Second additional provision in article 248 does not apply until it is enacted the law that regulates the tax on the income of the savings.

First transitional provision this code is applicable without prejudice to apply special rules or of the criminal code in force until now, if globally considered are more favorable to the accused, to detainees, processing or were taken or condemned in procedure commenced prior to the entry into force of the present criminal code.

However, in the area of conditional suspension of the execution of the penalty, the comparison has been made between the corresponding articles of the new criminal code and the corresponding of the criminal procedure code in force to date.

Second 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 code, they can urge the relevant judgment of the review in the form established in articles 253 and following of the code of criminal procedure.

They can also do so within the period of one year from the entry into force of this code, persons sentenced to a private or restrictive of freedom the execution of which has been suspended completely or partially and the period of suspension that has not elapsed at the date of entry into force of this code.

Repealing the criminal code emblems first of 11 July 1990.

Repealing second chapter are repealed sixth of the qualified law of the electoral system and the referendum, on 3 September 1993, and all the criminal rules of special laws contravene the present versus offline or code.

Repealing third are repealed the number 3 of article 4 and articles 8 and 9 of the title, and "criminal Dispute" of the regulation dispute of the regulations of the Andorran social security scheme, approved by Decree of the MM. II. Permanent delegates of 29 December 1967.

First final provision amending articles 47, 54 and 55 of the transitional law of judicial procedures, of 21 December 1993, which are written as follows: "Article 47


In the absence of international treaty foreign judgments handed down by criminal courts, administrative, fiscal, military, war, security and the exception are not in any case executòries in Andorra and supported the request for execution in Andorra.

Only the civil judgments, including the civil effects of a criminal sentence, may be subject to prior approval of the Court of Justice of Andorra when the ask for one of the parties in the case of reference.

They can also be comís, provided that they comply with the conditions and formalities set out in the present article and the next, the money and securities and assets acquired with these, or their counterpart, coming from crime higher or lower than it also in the Principality, if, as a result of a firm judgment of a foreign court issued with guarantee of the rights of the defence the plaintiff, the State has formulated a request in this regard, provided that third parties in good faith have been able to assert their rights, the resolution is not incompatible with a resolution of the Andorran courts or that has not been handed down in violation of the rules of exclusive powers provided by the Andorran law. "" Article 54 the mention of article 45 of the law of righteousness on the contravention penalty is without prejudice to the facts could constitute a crime. "" Article 55 The batlle of guard ensures the continuance in Office during the holidays set in the article 42.2 of the qualified law of Justice, during the hours working not according to article 42.3 of the same law and during ordinary office hours and not hours and days for the matters for which competence is attributed to the Mayor on duty by law or established by the president of the Council to the start of the judicial year. "

Second final provision amending articles 35, 38 and 54 of the law on international cooperation and the fight against the laundering of money or securities of international crime, of 29 December 2000, which are written as follows: "Article 35 if a written document carries, in addition to the information that can be communicated abroad , items that fall within the scope of the secrets provided in chapter I of title X of the book second or in chapter III of title XII of the same book of the penal code, the Mayor can set or set by a judicial police officer delegated for this purpose a copy or photocopy is to skip the prompts that can affect people outside the procedure or that may affect the same interested party but who have no relation to the demand as long as they do not reveal criminal punished in the Andorran criminal law. "" Article 38 in the case of application of comís by a foreign judicial authority of instruments of crime or their products, money, securities or assets acquired with these, or their counterpart, from a crime of laundering of money or securities or any other felony, the demand is filed by the public prosecutor at the Court of Corts, which, after prior hearing of the interested parties , decides to sentence which can be appealed before the Court of Justice.

The Court cannot review or modify the decision of foreign comís although it should resolve over the demands of third parties of good faith that have not been resolved in the aforementioned decision.

The same procedure is applicable generally, ex officio or at the request of the applicant State, the property, money or securities from any criminal offence that does not have legitimate owners identified. "" Article 54 the composition of the unit for the prevention of money laundering is the following: a maximum of two persons of recognized competence in the financial field named by the Minister head of finance; a mayor appointed by the Superior Council of Justice; a maximum of two members of the Police Service appointed by the Minister of interior at the proposal of the director of the police.

The Ministers of the interior and of Finance jointly designate the head of the UPB members appointed by them.

The members appointed by the Minister of the interior and by the Minister of finance owner have to devote himself full time to the duties assigned to it and cannot engage in any other public or private activity. The Mayor, ultra jurisdictional functions of its own, exercises in the framework of the UPB the functions of ensuring the legal integrity of well-managed, facilitate contacts with other judges and other members of the administration of Justice, and to send the dossiers on suspicious transactions to the competent authorities.

The Government regulates the modalities relating to the organisation and the functioning of the unit for the prevention of money laundering.

Members of the unit for the prevention of money laundering and its administrative personnel assigned are subject to professional secrecy under the penalties provided for in the criminal code. "

Third final provision Will modify the article 12 and paragraph 7 of article 14 of the law of extradition, of 28 November 1996, which are written as follows: "Article 12 The public prosecutor's Office, as well as the interested party may appeal of appeal before the Criminal Chamber of the High Court within fifteen days of the notification of the summons.

The criminal court resolves in accordance with the procedure foreseen for the resource of appeal. "" 7. When the violation reason demand has been committed in the case of application of the penal law in the space referred to in the penal code and whether the judicial authorities of Andorra decided to start legal action. "

The fourth final provision modifies the terms of paragraph 2 of article 33 of the law on financial support to the study, of 28 June 2002, which is worded as follows: "2. The resolution of the case involves the repeal of the aid given and the total refund of the amounts received, if it is seen secretly or distortion of data. This resolution calls for judicial order to be able to determine if the facts are constitutive of the crime. The return must take place within a period of three months from the time when the resolution becomes tight. "

Fifth final provision amending articles 2, 4, 6, 8, 16, 20, 28.1 and 50 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, which are written as follows: "Article 2 1. The Mayor of minors, which is a single Court, it is competent to judge


in the first instance the facts committed by the age of 12 years and under the age of 18, categorized as contravencions and minor offences in the criminal code, and also to execute the resolutions adopted.

2. The Mayor of under chairs, assisted by two magistrates, the Collegiate Court that is competent to judge in the first instance the facts committed by the age of 12 years and under the age of 18, classified as major crimes in the criminal code, and also to execute the resolutions adopted.

3. Is the organs listed above resolve on civil responsibilities arising from acts committed by minors who apply this law.

4. The batlle of minors is also competent to exercise all the functions that the qualified law of adoption and of the other forms of protection of the less helpless attributed to the Mayor. Also correspond to the competencies in the field of the protection of minors in the future could be established by law. "" Article 4 the courts can apply to young adults between 18 and 21 years old criminal all measures contained in the present law, as measures with regard to planned substitutions substitution of penalties, as the conditional suspension of Criminal Code envisaged penalties qualified. "" Article 6 the jurisdiction of the Mayor and of the Collegiate Court that presides, extends to all applicable criminal law cases in space in accordance with the provisions of the criminal code. "" Article 8 When a same fact punishable has been committed by the elderly and minors, the instruction and the criminal prosecution of the perpetrators is done separately, and belongs solely to the Mayor of minors or the Member presiding over the prosecution of minors of 18 years. "" Article 16 All the resolutions that involve restrictions of fundamental rights of the child should be ordered ex parte by the Mayor of oït, the public prosecution service by guard reasoned aute.

The governing detention cannot, in the case of minors, exceed twenty-four hours before being brought to justice. "" Article 20 1. The batlle instructor may not already the procedure when, trying of minors and oït the public prosecutor, the facts committed can find their correctness in education and family, and you have to inform the Mayor of minors to the appropriate effects, and the technical services of the Ministry of the Interior in order to check the tracking.

2. only are susceptible of correction in the educational field and established family in the previous section are minors who have committed offences classified as crimes under contravencions or in the criminal code. However, if the minor has committed prior the events referred to in this article, you should be already the corresponding procedure. "" Article 28 1. If in the course of instruction is sufficiently representative that the child who has committed the criminal fact is in a situation of mental alienation or any other circumstance that constitutes criminal liability total hold harmless in accordance with the provisions of the criminal code, the Mayor submits instructor the performances at the Mayor of minors, which, oït the public prosecutor's Office , confirms the hold. "" Article 50 The crimes committed by children under the age of 18 prescribed: 1. After five years when it comes to crimes over wrongdoing.

2. Two years when it comes to major crimes or minor offences under culposos or culposos.

3. At the end of six months when it comes to crimes of injury or slander.

4. At the end of three months when it comes to criminal contravencions. "

A sixth final provision the present criminal code will come into force within six months of being published in its entirety 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.

Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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