Law of extradition since the General Council in its session of 28 November 1996 has approved the following: law of extradition preamble i. the insertion of Andorra in the field of interstate relations adhering to international treaties and conventions means that the internal regulation of the State priorities in international needs but that the obligations between States do not affect national sovereignty.

It is clear that in the present international relations exceed social or cultural framework and requires a reciprocal assistance in fields as important as the criminal justice system. International collaboration in this field has as a first basis extradition in order to prevent the crimes are not without sanction for reasons of territorial or personal jurisdiction of the courts of the country where the offender is located.

The need and convenience of an internal regulation of the procedure of extradition as a case prior to any extradition treaty that the Andorran State can register with other States and as a general rule of subsidiary application for the reciprocity in the case of lack of treaties, it is recognized by all.

II. The accession of Andorra to the Council of Europe should lead to a progressive and continuous adaptation of the rules of international law applicable in the relations of the Andorran jurisdictions with the jurisdictions of other States.

The establishment of uniform rules in matters of extradition allows you to advance the work of legislative adaptation and opens up the possibility of accession of Andorra to the European Convention on extradition, signed in Paris on 13 December 1957, as well as to the two additional protocols adopted in 1975 and 1978.

This law has already been inspired by widely in those international instruments. Are introduced so the rules of procedure set out in the European Convention on extradition of 1957 with regard to provisional detention, the rule of speciality, the processing of the request for extradition and surrender of the person extraditada. On the other hand it includes some concept as the security measures that have to be interpreted in accordance with article 25 of the above-mentioned European Convention of extradition.

In the same way this law has expressly-article 14, the provisions of article 3 of the European Convention of extradition, regarding the political motivations and considerations of race, religion, nationality or political options that may appear behind a demand for extradition. All with the important caveats, listed in article 20 of the law, which make it possible to prevent the capture of the additional protocol, established in 1975, that war criminals could invoke a political motivation to the exclogués of the extradition.

Finally, the law also hosts the European orientation with regard to military offences and to the exclusion of the death penalty in the case of extradition.

Title first. General characters of extradition Article 1 extradition is the measure by which a State to another State, which he calls a person already convicted criminal jurisdictions recercada or of the country that the claims.

In the absence of international treaties on the subject, the Andorran Penal jurisdictions the ask or offer under the conditions and according to the rules of this law.

In case of existence of treaties, the rules of this law shall apply in the situations not provided for by these treaties.

Cannot rid anyone that has not been the subject of legal action or a conviction for acts punished with the penalties or security measures provided by this law.

Article 2 can give rise to extradition: a) the acts punished by the laws of the requesting State and the requested State with a penalty of deprivation of liberty or a security measure that applied to its maximum is greater than or equal to one year of deprivation of liberty.

b) the fact of having been handed down a conviction to a penalty or if it has been decided a measure of safety in the territory of the requesting State, of a duration of at least four months.

Article 3 1. The extradited delivered, either in Andorra for Andorra, cannot be the subject of legal action, or court, or arrested for the execution of a sentence or a security measure, nor subjected to any other restriction of his or her individual freedom, for no fact prior to its delivery, that is not the one that has motivated the extradition, except in the following cases : in) When the State which has delivered accept it, estimating a demand for expansion in accordance with the requirements of the funds and the form of extradition, which has been accompanied by the statement of the person released.

b) When, despite having the opportunity to do so, the person extradida has not abandoned within a period of forty-five days after his release from the territory of the State in which it was delivered or if there are returned after having it abandoned.

2. Despite these provisions, the applicant State may take the necessary measures to arrange a possible expulsion of the territory, and also to get the interruption of the prescription, even making a procedure in URrebel.lia.

3. Except in the cases provided in paragraph 1. b), unable to pursue or prosecute the person released, either in Andorra Andorra either, when the duration of the maximum applicable sanction legally to reason of extradition is lowered below a year during the procedure.

4. The reextradició of the same person in another State, by the events prior to the delivery can only be done under the conditions of paragraph 1.) except in cases provided in paragraph 1. b).

Title II. Demand for extradition made in a foreign State, Article 4 of the extradition request is agreed, by the competent court in the aute, cause or the magistrate of this expressly delegate, at the request of the public prosecutor, ex officio, or at the request of the party who has exercised the criminal action, after their previous report of the public prosecutor's Office in the last two cases.

The request for extradition must be accompanied by the supporting documents required by the legislation of the requested State or, in any case, of the documents listed in paragraphs a), b), c) and (e)) of article 7.

Against the summons which shall deny the request for extradition, the public prosecutor or the party that has exercised the criminal action can make appeal to appeal to the President of the Court of justice within a period of five days from the date of notification of the summons.

The President of the High Court or the magistrate delegate of the same Court resolves by aute, ears party.

The steady application of extradition is immediately


submission to the Government that sends, via diplomatic channels, to the competent foreign authority, along with the documents mentioned above.

The person given in the Andorran authorities is immediately imprisoned, by order of the Mayor of guard, either with a view to the execution of the penalty, whether to put it at the disposal of the competent court or instructor Mayor.

Article 5 the extradition is nul.la if you run out of provisions of this law or without respecting the prescription of penalty or action.

In the case of execution of a definitive penalty resulting from a firm judgment, the demand for annulment must be made by the person extradida in front of the Court of Corts within fifteen days of its presentation to the Mayor of the guard. The Court of Corts, in the course of an oral trial, oeix the parties and resolve within a month. The decision of the Court of final appeal is before the Courts Criminal Chamber of the High Court within a period of fifteen days. The court resolves after prior hearing of the parties.

In the case of an extradited in period of instruction, the annulment has been ordered before the Tribunal or courts of the Court of magistrates as the case, as a matter of prior statement in accordance with the provisions of the code of Criminal Procedure.

In another case, this nullity may be invoked in accordance with the applicable procedural rules.

In the case of annulment of a extradition, the extradited is released and may not be detained again nor judged by the same facts or to previous facts, except in cases and the terms and conditions of sections 1. b) and 2 of article 3.

Article 6 in the case of urgency, prior to the extradition demand and oït the public prosecutor's Office, the competent court may request the provisional arrest of the person recercada.

The request for provisional arrest is relayed to the appropriate authorities of the State requested either through diplomatic channels, either directly or via Telegraph, either through the international criminal police organization (Interpol), either using any other media that leave a written test or that the State requested accepts. This petition must understand the indications required by the internal law of the State requested and, in any case, the indications which are described in paragraph 2 of article 9.

Title III. Demand for extradition addressed to the Andorran State Article 7 the demand addressed to the Government through diplomatic channels and must be accompanied by the following documents: a) the original or the authentic copy of the decision to condemn a seasoned, of the order of arrest or of any other resolution that has the same strength a seasoned, delivered according to the forms prescribed by the law of the requesting State.

b) a writing in which exposed the facts that give rise to the extradition demand which must specify, in particular, the date and the place in which they occur, their legal qualification, and references to the legal provisions that are applicable, the duration of the penalty of deprivation of liberty and, if necessary, of the penalty that has been handed down.

c) a copy of the legal provisions applicable to facts by virtue of which it is claimed the extradition, as well as the General rules of extradition, or, if this is not possible, a statement on the applicable law.

d) the commitment of the applicant State to ensure respect for the rules of judicial procedure, detention or trial of the person extradida with reservations and in the terms of article 3 of this law, when the law or the internal law of that State does not foresee their compliance, specifically, the respect of those rules.

e) the description, as accurate as possible, of the person claimed and any other information likely to determine his identity and nationality.

f) A translation into Catalan or French or Spanish of the documents listed above.

Article 8 Oït the public prosecutor's Office, the Government appreciates the opportunity to send or not complete dossier to the public prosecutor.

The transmission gives exclusive jurisdiction to the courts to take the decision to grant or to refuse extradition.

When you receive the dossier, the public prosecutor's Office ordered the search of the person claimed and their presentation on the part of the police to the Mayor of guard that comes to your questioning of identity, and orders the imprisonment, notifying him the title by virtue of which the arrest is made. The Mayor of the guard informs the President of the Court of courts of the arrest.

The Mayor of the guard informs the person concerned of their right to choose a lawyer or to ask it to appoint a lawyer. If it does not the person concerned, be it designates an ex officio.

Article 9 in the event of urgency, before the eventual transmission of the complete dossier by the Government to the public prosecutor, it may order the provisional arrest of the person claimed, at the request of the competent authorities of the requesting State.

The demand for provisional detention should make mention of one of the documents provided in section a) of article 7, it should express the intention to send a demand for extradition and must specify the copyright infringement due to the demand for extradition, the date and the place where it was committed and, eventually, the duration of the sanction handed down, as well as, whenever possible, , the description of the person recercada.

The competent authorities of the requesting State can address the demand to the competent authorities of Andorra to the envisaged in the second paragraph of article 6.

In all cases, this demand must be sent immediately to the public prosecutor.

At the request of the public prosecutor, the Judge may order the provisional detention after having proceeded in accordance with the provisions of the third and fourth paragraphs of article 8.

The detention must be immediately communicated by the same Judge on duty at the President of the Court of Corts and the Government of Andorra, who will notify the applicant State.

The President of the Court of Corts can decide the end of the provisional detention if, within a period of 18 days after the arrest, has not been submitted to the Government of Andorra extradition demand accompanied by precise documents article 7.

In all cases, that detention may not exceed forty days counting of the provisional detention until the reception of the dossier of extradition by the Court of Corts.

The release does not preclude a new arrest and a subsequent extradition, if the extradition demand comes later.

In no case will be able to proceed with the arrest on grounds of urgency of a person who has already been arrested for the same reason and has been released in order not to


have requested his extradition to emerge or this has been denied.

Article 10 on the basis of the arrest, and at any time of the procedure, the person arrested may ask the freedom in accordance with the provisions of the code of Criminal Procedure.

The demand for freedom should be addressed to the President of the Court of Corts that solved by summons, which is appealing to appeal to the President of the Criminal Chamber of the High Court, which resolves in accordance with the provisions of the code of Criminal Procedure.

If it has been formulated resource of appeal against the sentence that has resolved the request for extradition, the President of the Criminal Chamber of the High Court is also competent to resolve on the demand for freedom.

Article 11 Made the proceedings of article 8, the public prosecutor's Office relayed the dossier to the Court of Corts with your writing of the allegations.

The extradition trial are exclusively parts the person concerned and the public prosecutor's Office; the applicant State is represented by the same public prosecutor's Office.

The Court of Corts gives knowledge of the matter to the lawyer of the person concerned, and grants a period of fifteen days to formulate the arguments and, if applicable, to propose tests.

Set the evidence proposed by the parties as well as the agreed upon ex officio by the Court not to practice the day of the oral trial, it gives the transfer as a result of the evidence of the parties and the court sets the date of the oral judgment.

The parties may submit written conclusions until five days before the date of the oral judgment.

The oral trial begins with the questioning of the person concerned and with the practice of the tests; below is given the word to the public prosecutor's Office and ultimately, to the lawyer of the person concerned to present their findings. Finally, the court resolves by aute.

Article 12 The public prosecutor's Office, as well as the interested party may appeal their 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 provided for in the suplicació resource.

Article 13 If several States require, concurrently, extradition, whether for the same fact, whether for different facts, is solved taking into account all the circumstances and, in particular, the relative seriousness and place of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of a subsequent extradition to another State.

Article 14 the extradition will not be granted: 1. When the person, the subject of the lawsuit, it is of Andorran nationality.

2. When the facts that give rise to the claim are political in nature or when circumstances that extradition is requested with a political purpose.

3. When the applicant State is not competent by reason of territoriality or personality to criminally prosecute the person the subject of the lawsuit.

4. When serious grounds exist to believe that the extradition demand due to a violation of common law has been introduced in order to prosecute or punish a person for considerations of race, religion, nationality or political opinions, or that that person's situation might be aggravated for one or the other of these reasons.

5. When extradition is requested as a result of military offences that do not constitute common law offences.

6. When, at the discretion of the Court, the facts that give rise to the claim are not punished by the Andorran criminal law or are not given the conditions required in article 2 of this law.

7. When the violation reason of the demand has been made under the conditions provided in articles 2 to 4 of the penal code and whether the judicial authorities of Andorra decided to start legal action.

8. When the person claimed is already the subject of judicial actions or has been definitively judged in Andorra by the fact or facts due to the demand for extradition, or if the Andorran judicial authorities have decided to put an end to legal actions that have played for the same fact or for the same facts, provided that the decision of the Andorran Justice has not been taken for reasons of territorial incompetence.

9. When, prior to the lawsuit, there was the prescription of the action or of the penalty in accordance with the laws of the State or applicant.

10. When the applicant State law punished with the death penalty the fact, due to the demand for extradition, unless this State make sure, sufficiently for the Andorran jurisdictions competent to grant extradition, that the death penalty will not run.

11. When the law or the internal law of the State the applicant does not expressly provides that the exercise of judicial action, the trial or the arrest of the person extradida, will be made with the reserves and under the conditions provided in article 3.

12. When the guilt of the person claimed or the basis of the charges weighing against that person are not plausible.

13. When the conviction is of a manifest error.

14. When extradition is likely to have consequences of an exceptional gravity for the person claimed, especially because of their age or State of health.

15. When the person claimed would be tried in the requesting State by a court that does not ensure the fundamental guarantees of procedure and protection of the rights of the defence or by a court set up especially for your particular case or when the extradition will request for the execution of a penalty or security measure imposed by such a court.

Article 15 the extradition is granted in the cases stipulated by this law, when there is none of the constraints set forth in the previous article and when, generally speaking, the legal action or the sentence invoked are not contrary to Andorran and international public order.

Article 16 if, at any time during the court proceedings, the person concerned declares to give up the benefit of this law and agrees to be handed over to the authorities of the requesting State, the competent Court will issue summons to agree on extradition.

Article 17 When the person whose extradition is requested is processed or has been condemned to Andorra on the occasion of a different offence, the sentence that grant extradition may decide that the delivery to the applicant State will be effected only when judicial action is finished and, in case of conviction, after having served the penalty.

Article 18 Become strong the summons of extradition, the public prosecutor's Office the relayed to the Government because the report to the requesting State.

In the case of summons executori that deny extradition, the person claimed, if you're not arrested for another


reason, must be released immediately.

In the case of summons executori agrees extradition and if the person extradida is on the loose, this is arrested and imprisoned by order of the Court of Corts, or at the request of the public prosecutor's Office.

The Andorran Government delivers the extradida person under the conditions established by the sentence of extradition when the applicant State you request.

If the person extradida is not claimed within thirty days of the communication of the sentence in the State extradition executori applicant, should be released as long as they're not arrested for another reason, and the Andorran courts, then, may refuse the extradition for the same reason in case of new demand.

Article 19 the incidents of the execution procedure, caused by force majeure or any other reason, are resolved contradictòriament, in the first instance by the Court of Corts that acts at the request of the public prosecutor or of the person concerned, and in degree of appeal by the Criminal Chamber of the High Court.

Apply the General rules of procedure established in articles 11 and 12 of this law.

Article 20 for the application of article 14.2 shall not be considered as acts of political character: a) the crimes against humanity provided for in the Convention for the prevention and repression of the crime of genocide, adopted by the General Assembly of the United Nations on 9 December 1948;

b) infringements provided for in articles 50 of the Geneva Convention of 1949 for the improvement of the treatment of the wounded and sick in the armed forces; 51 of the Geneva Convention of 1949 for the improvement of the situation of the wounded, sick and shipwrecked of the armed forces; 130 of the Geneva Convention of 1949 relative to the treatment of prisoners of war and 147 of the Geneva Convention of 1949 relative to the protection of civilian persons in time of war;

c) any other similar violations of the laws of war and are contrary to humanitarian law that were not set out in the Geneva Conventions.

Final provision this law enters into force on the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 28 November 1996 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra