Advanced Search

Criminal Procedure Code, From 16-2-89

Original Language Title: Codi de Procediment Penal, de 16-2-89

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Code of Criminal Procedure, the Decree of 4 June 1965 began timidly for the reform of criminal procedure in Andorra that reached a first phase of development and modernization with the text approved by the Decree of 14 January 1972 that, at the time, was the first systematic set of criminal procedural norms of the Principality.

The appearance on 18 January, 1984 of the code of Criminal Procedure in force until now, meant a remarkable breakthrough with the inclusion of new rules the operation and success of which has confirmed the judicial practice.

Even so, when you have not yet spent five years of the enactment of this edition of the code, the need for reform to introduce the rules corresponding to the new jurisdiction of the Court of Minor Offences, established by the Decree of 29 January 1988, has given the occasion to proceed to make a more profound adaptation.

The new edition retains old teaching standards that have shown their usefulness and continue faithful to the principle of simplicity that has always inspired our procedural law, but substantially strengthens and increases the number of guarantees of the person arrested or inculpada avoiding any measures that could love not adjusted to the principles that govern the modern legal systems and in particular the rules that support the rights of the person. Significant, among others, the reduction of the time limits established by decreed the summons of processing and of the limits imposed in the period of pre-trial or lack of communication.

The measures on enforcement of the penalties imposed by the courts are subject to a more comprehensive regulation.

Abandoned, as in the previous version, any reference to the execution of capital punishment, abolished in the Andorran criminal law, acquire special relevance the modifications introduced in the enforcement of penalties of deprivation of liberty, in particular institutions, such as the so-called semillibertat, tend to replace as much as possible the firm prison sentence or to diminish its disadvantages. Other innovations, such as the regulations the proceedings regulation lagoons esmenen previews or establish the specific regulation of certain resources such as the audience of the condemned in URrebel.lia so far introduced some confusion with the review. On the whole, the new code aims to not only update the previous texts but get better structuring regulations of criminal proceedings of the Principality, pending now only, to complete their development, the establishment of a new instance in the criminal jurisdiction over crimes, reform is expected to undertake not to take and which involves the creation of new jurisdictional bodies.

Given the above considerations and at the proposal of the Committee on reform of the criminal justice, the Veguers, few numbers sold The criminal procedure code shall be hereinafter referred to as the writing below is set.

Preliminary title the administration of criminal justice chapter i. Preliminary Provisions.

Article 1 the right to administer justice in criminal matters shall be responsible exclusively to the Court of Corts, the judge of appeals for Minor Offences and Magistrates, to whom is attributed the authority to apply the law, judging and run what has been judged.

Article 2 The Court of Corts will know, in a single instance and in oral and public trial, all the causes for the crimes that they commit within the territory of the valleys, with no difference or distinction of persons, and by committed by andorrans in abroad. You will have also jurisdiction to judge crimes against the security of the Principality, its institutions or authorities and the crimes of forgery of documents or official stamps andorrans, committed by foreigners outside Andorra. Know, also, of the resources of appeal that interject against judgments and other decisions of the Court of Minor Offences, set out in articles 223 and 227 of this code.

Article 3 the judge of appeals made in single Court will be competent to judge crimes and execute the judgments relapses about these crimes.

Article 4 The Magistrates Court will be constituted of contravencions trials in criminal proceedings and will, in addition, the judges causes Instructors for all types of crimes.

Chapter II. The Public Prosecutor's Office.

Article 5 the public prosecutor will have to function to promote the action of Justice, to ensure the maintenance of the legal order and request to the criminal jurisdiction of the application of the law, for the safeguarding and the satisfaction of interests of society.

To this end, will the media and the actions that the laws establish, made the accusation or civil action, or will it oppose according to applicable law; you will be able to intervene directly in the penal process in order to request the proceedings more suitable for the clarification of the offence and of the person who may be responsible for and administered by the strict compliance with the judgments relapses in the causes in which has been part of it.

When the public prosecutor's Office come into the knowledge of a fact that it can be a crime or penal contravention, penal action will, without prejudice to the powers of the Magistrates to act ex officio.

Article 6 In the crimes to which refers article 16, the public prosecutor's Office, once formulated the complaint by the person offended, it will act in accordance with the provisions of the preceding article.

Chapter III. Of the recusacions and excuses.

Article 7 The Veguers or Magistrates delegates, judges of appeals, prosecutors, Magistrates and Secretaries may be objected to by the following causes: 1. Kinship of consanguinity or affinity within the second degree.

2. To be or have been terminated or charged by any of the parties as the author, accomplice or Peachum of some crime.

3. being or having been a tutor or have been under the tutelage of one of the parties.

4. Have pending litigation against the recusant or direct or indirect interest in the cause.

5. Have an intimate friendship or enmity, hatred or resentment that will demonstrate with serious facts and acquaintances.

Article 8 The Veguers or Magistrates delegates, judges of appeals, prosecutors, Magistrates and secretaries included in any case of the preceding article, is excusaran and immediately inhibiran the knowledge of the cause.

Chapter IV. Of Lawyers.

Article 9 Any accused by a Court of Andorra can be advised and assisted by a lawyer in the conditions set out in article 100.

The assistance of the lawyer will be leaving before the Court of Batlles, but compulsory from the moment they open the oral trial before the Court


Court and the Court of Minor Offences. In the latter cases if the processing is not named lawyer, they will be appointed ex officio.

Article 10 The Attorney's fees are fixed according to the customer without prejudice to the right of the Court to fix them in the event of disagreement. In any case, forbidden the Covenant of "contingency fee".

Are exempt from the payment of fees are processed that prove their situation of poverty at the discretion of the Court, without prejudice to the lawyer to claim them if the processing were to better fortune and part of the civil law impediment to did not exist.

Article 11 will be able to act before the criminal courts of the Andorran Bar or legally residing in the Principality are duly authorized. These Lawyers will have to meet, in addition, the following conditions: 1. Hold a Bachelor's degree in law and be registered as lawyer in the College of lawyers of Andorra.

2. Be a person of good manners and morality.

3. do not exercise a profession being incompatible with the dignity of the profession of lawyer.

4. do not be disabled for the exercise of the profession or public office.

The Court of Corts, set each year, subject to a report of the public prosecutor's Office, the relationship of the people they meet the conditions above and request inclusion. The appointment of ex-officio Lawyers will be in charge of the College of attorneys who will bring the corresponding Book. This book will be presented and visas annually for the Court of Corts on the occasion of the opening of the judicial year.

Article 12 the lawyer has to respect the professional secrecy. In addition, you will have to refrain from communicating information or summary document published by enshrine relating to any criminal proceedings.

The Court of Corts, shall ensure observance of professional rules for lawyers, and will take the appropriate measures.

Article 13 the defence of trade will take place: a) in the case provided in article 10, second paragraph.

b) when processing does not designate an advocate.

c) when appointed by processing ceases to appear without justified cause.

Except in the case of defence designation for the benefit of poverty, the fees for the defence of trade must be satisfied by the processing.

Article 14 the lawyers to whom corresponds the defense of trade of a inculpado credit may not excuse without personal motivation and fair at the discretion of the Court.

Title the first Criminal action and the Civil action Chapter Only.

Article 15 of the crime or criminal action is public and is exercised either ex officio or by the public prosecutor's Office in all cases in which the law does not require the instance of the compounded or offended.

Article 16 The criminal actions arising from estupre crimes, abduction, calumny and injury may only exercise at the request of the person aggravated or of their parents, grandparents or guardians, in the first case, and by the worsened, ancestors, descendants, spouses or siblings if they compounded already is dead, in the other cases.

The public prosecutor must exercise it when the person offended is desvalguda.

Furthermore, only be able to exercise at the request of some criminal actions for damages in traffic accidents and defrauding of literary, artistic or industrial properties.

In all of these crimes of private nature, the resignation of the criminal action in any State of the procedure will result in the extinction and the archiving of the case.

Article 17 Supported the complaint or lawsuit, the Mayor immediately will begin the instruction of summary, giving them knowledge to the public prosecutor; proceed in the same way when you have to act ex officio.

The opening of criminal proceedings not distorted the presumption of innocence which protects everyone while has not been condemned by a firm ruling by the court competent.

Article 18 the civil action may be exercised by any person who has suffered damages caused by the offence. You can try directly with criminal or, separately, in the civil trial. In the latter case we cannot exercise the civil action until it has been resolved the criminal action by a firm judgment.

In exercising the civil action may require the person beneficiary of free justice who has suffered damages, a bond for payment of procedural costs.

The public prosecutor shall exercise the civil action together with the criminal law provided that the injured party has not made a reservation, or expressly waived his civil claim dismissed.

Article 19 in any State of the trial, the injured party may withdraw their civil claim, all being responsible for the costs caused.

Article 20 the reservation, the withdrawal or renunciation of the civil action does not stop or suspend the exercise of criminal action.

Article 21 penal action will be terminated due to the amnesty, the pardon, the prescription and the death of the inculpado credit; but in the latter case remains the heirs and successors against civil, that only you will be able to exercise in front of the ordinary civil jurisdiction.

Title Second Preparatory Phase in the Criminal Trial and Preliminary Survey Chapter.

First section. Common norms.

Article 22 police officers, when they have knowledge that it has committed any fact punishable, will have to proceed to the immediate research, practicing all the necessary steps for the prevention of the summary.

Article 23 the police report must contain: 1. The place, day, month and year in which you start.

2. The name, profession, and domicile of each of the people group.

3rd. Statements, reports and results of any diligence and abbreviated reports, which tend to get not only the full knowledge of the fact respected criminal and all the circumstances that will contribute to the exact qualification of the offence but also the reference of any presumption, indication or suspicion for which they can get to discover the authors, accomplices and accessories.

4. The signing of all those that the group in the proceedings, or the mention of whom they may not or were not able to do so.

Article 24 everyone who pay statement to order service will be able to read him his statement and add the modifications or clarifications of the texts that do not size with what you have stated. If necessary you will be provided an interpreter. The reporting will be advised of these rights.

Article 25 in the case of detention of a person and to his request will be notified by telephone to some of their closest relatives the fact of the arrest. This communication will have to be made before the five hours after the arrest or as soon as possible if the circumstances of the time or other, the lack of news can cause alarm in the family.


When it is not possible to make direct telephone communication, will try to do it by other means or person, without imposition of time, but without any undue delay.

Exceptionally and only in the event of suspicion of the Commission of a serious crime or that the publicity of the arrest may negatively affect the course of the survey, the communication mentioned in the previous sections will be able to delay the necessary time.

Neither will the communication of reference when the detainee so requests. However, if the detainee is a minor and the police believe should be able to do the communication to family members.

Article 26 To gather the necessary evidence, the Agents of Order will be able to: a) to move to the place of the offence, proceed to all verification materials, make yourself attend to competent people, required for the purpose; take statement to every person capable of providing indications; proceed to the necessary prosecutions, however, consent of the person at the address of which the operation takes place. In case of refusal or the absence of the person concerned, the police will need the authorization of the Mayor to enter the home, without prejudice to the provisions of paragraph c) of the same article.

b) Back up all the pieces and objects that refer to the infringement, in particular of weapons and of the instruments that have been used or were intended for their perpetration, and anything that seems to have been the product of the offence. The objects will be presented again, for their recognition, to people who may have participated in the Commission of the fact pursued.

c) enter and search it when you try to capture a person against which you have declared the jail or the search and capture; When an offender immediately chased you hide or there are shelters, or be caught "in flagrante" in the Commission of a crime.

In any case, avoid useless inspections and efforts will be made not to harm or disturb them unnecessarily.

Exceptionally, the Mayor may authorize the interception of communications by telephone, telegraphic, postcards or other, when it deems necessary for the good end of the survey.

Article 27 the agents of Order will have the obligation to stop: 1st. The person who attempts to commit a crime.

2nd. The offender "in flagrante.

3. The escàpol from the jail.

4. The processing or sentenced rebel.

5. The person against whom there is reason to believe that he has participated in the Commission of a crime or of which it can be presumed that not compareixerà when the citi before the judicial authority.

Article 28 the agents of the service of an order, when you arrest a person in virtue of the provisions of the previous article, will have to put it in freedom or deliver it to the Mayor that, within a period of 48 hours. When the circumstances of the case may, in exceptional circumstances, the Mayor circumstance extend the mentioned within twenty-four hours more.

Article 29 the mayor who will take delivery of a detainee, the arrest of which he himself agreed to or has been practiced with prevention by the authorities or agents of the service of an order, will dictate the prison sentence by agreeing to processing or leave the detention without effect within 24 hours from the moment in which the detainee has been handed over.

Article 30 All detainees have the right to be informed immediately, in a language they understand, of the reason for his arrest and to be instructed of the rights and obligations that correspond to. You will have also the right to be medically recognized.

Article 31 at the end of the preliminary survey, the proceedings were carried out will be immediately sent to Mayor instructor.

Article 32 the performance of the service of order in the prevention of the summary will cease at the time that the Mayor to whom corresponds the instruction will take charge of the proceedings. However, the service of order will continue as if you ordered.

Second section. Special rules in the event of a traffic accident.

Article 33 the agents of order, in case of traffic accident, give immediate knowledge to the Mayor and, without waiting for the arrival of this, to inspect the following proceedings: 1st. Ask the help of a physician in order to dispense the necessary assistance for the wounded.

2. Verify the identity of drivers and passengers of vehicles damaged, of witnesses and victims and collected your testimonials, listening to them separately.

3. Perform all the findings and useful for the clarification of the truth.

These facts are routed mainly over the alleged perpetrator of the accident (behavior, attitude), about the victims (apparent wounds, position), about the State of the site (profile of the road, the place, the lighting) on the vehicles (location, general condition, damage suffered), on signals and signs (signs of braking), the clash (traces of glass, blood stains).

4. Hold up, if necessary, the vehicles, and permissions of drive and the documents relating to the insurance, also all the objects found at the site of the accident and that they can be used for the test of facts.

5. Designated all the reports collected in a crowded, and there are appended the sketches and photographs.

Article 34 In the event of death, the agents of Order will carry the corpse after having pointed out the position on the site of the accident and take photographs, if that's possible.

Article 35 Made all proceedings, the agents sent to the Mayor, without delay, its crowded and the retained objects.

Chapter II. Of the complaint and the lawsuit.

First section. Of the complaint.

Article 36 any person who has knowledge or witnesses the Commission of a crime perseguible ex officio, will be obliged to report it, in writing or by appearance, in front of the judicial authority or the service order. Those who fail to comply with this obligation may be punished with a fine of up to 25,000 euros, without prejudice to the criminal liability that might be incurred.

Article 37 will be exempt from the obligation established in the previous article are priests, lawyers and notaries when know the facts by reason of his Ministry or profession, and the consort and the other relatives of the offender up to the third grade in all cases.

Article 38 doctors, surgeons, nurses and in general any doctor who by reason of his professional activity to calculate the existence of death, injury or illness suspectes be result of a self-determination, or even of possible accidents, must communicate it immediately to the service of order or to Magistrates.


Second section. Of the lawsuit.

Article 39 the criminal action may exercise by the public prosecutor's Office or a private individual by means of complaint in accordance with the following rules: 1) In writing of the filing is expressed identity mentions of querellant and of querellat, the detailed explanation of the facts and the proceedings that alone. the requests and the claims deriving in order to the situation and procedural querellat goods.

2) in the case of crimes of injury and slander must accompany it certification or witness had tried conciliation, and when they have been proferides in court will be necessary to justify the authorization of the judge or court in question.

3) Presented the complaint or lawsuit, the Mayor will allow or rejected according to the facts whether or not constituting a crime, all commanding in the first case, the practice of the correct steps and demanding, in the case of dispute, the provision of bail in the amount and kind that it deems necessary.

Chapter III. In the previous steps.

Article 40 When with the elements of the fact that in the crowded, in the complaint or in the lawsuit, was not able to determine its nature and circumstances, people who have participated, or the appropriate procedure, the Mayor will instruct previous steps that will be recorded in the relevant book, and notice the opening to the public prosecutor.

Article 41 when it is clear that the facts are clearly constitute felony or misdemeanor, or that they are not, do not proceed any further steps before.

Article 42 Practised the abbreviated precise instruction, with speed, the Mayor will adopt one of the following agreements: a) File the complaint; do not admit the lawsuit or entrusted to the file of the proceedings were carried out.

b) Decreed the provisional if the ground although the fact constitutive of the crime, there was no known author;

in this case fit resource of appeal and we will Moreover all the provisions of article 142.

c) if the fact is the character of the crime, shall sort of summary and if the reputa lack is inhibirà in favour of the Court of Batlles.

Article 43 against resolutions) and b) of the previous article will be able to interpose resource of appeal before the Court of Corts that sustanciará according to the provisions of article 218.

Chapter IV. The instruction of Summary.

First section. General provisions.

Article 44 shall be competent Mayor for the instruction of the causes that in front of which promoted lawsuit, denounced the crime or who, having knowledge that has been made a self-determination, be the first to practice proceedings.

Article 45 The distribution of the proceedings carried out by the police will be carried out by the Batlles Deans. In exceptional cases the instruction may be given in conjunction with two Magistrates from different Batllies.

Article 46 the Mayor personally made the necessary steps; You can, however, become a wizard by the agents of the service of an order, unless it's the questioning of a processed.

Article 47 fulfilling its mission, the Mayor will all the necessary steps to clear and stated the facts and circumstances that may influence your score in order to investigate the truth and real.

In particular, practice those proceedings that proposes the public prosecutor or the particular querellant if not the considered useless or harmful. The Mayor may agree at any time the arrest of any person to whom you will be assessed against, by complaint, complaint, or ex officio, the Commission of a crime. From the moment of issue the summons of processing, the Mayor will have to communicate the actions to the parties or their attorneys unless the exceptional case who believes it necessary to preserve the reservation sumarial. When you have to practice some diligence in foreign country, the Mayor will deliver rogatòria Commission that will be processed by the conduit of the Vegueria that appropriate.

Second section. Material facts.

Article 48 the mayor shall proceed with all the material facts to complete or confirm those already carried out by the agents of the service order. Will move, if they think fit, to the site, in order to examine its State, found the body of crime and research materials, traces the evidence and the conviction.

The third section. Identity of the offender.

Article 49 it is not verified, the recognition of the person against which orchestrated the charges, putting it, together with other similar external circumstances, in view of that or those who have to verify it.

Article 50 When they are several who have to recognize a person, diligence expressed in the previous article will be applied separately with each one of the approvers, without which they can communicate between them until the end of the recognition.

Section four. Personality of the offender.

1. judicial Background.

Article 51 in the first interrogation of the inculpado credit, the Mayor will be asked if you have already been sentenced previously, to which jurisdiction, on what date, in which sorrow and for what reason.

The same reports may be requested in the service of order.

In addition, the Mayor will be able to know by means of the Veguer the criminal records of any person who has been inculpada.

2. Survey of the personality.

Article 52 the Mayor try to join a survey summary of the personality of the case, and also with regard to their social or material situation, especially in the case of minor offenders, recidivists or who suspected a asocial nature.

3. medical and psychiatric Examination.

Article 53 The Batlle of ex officio or at the request of a party, you can complete the survey of personality through a medical and psychiatric examination.

This exam can be ordered, mostly when the nature of the offences, the circumstances in which they were committed, or the behavior of the inculpado credit, they suspect that this presents an abnormal character.

Article 54 In psychiatric matters, the Mayor, as a rule, you must ask the spirit ruled on: 1st. If the psychiatric examination of the subject reveals mental or psychic anomalies.

2. If the offence to which it imputes is unrelated to these anomalies.

3. If the subject is dangerous, is inclined to the crime or if you can cure or readjust.

The Mission of the experts can try, also, about other circumstances resulting more particularly of instruction related to the facts of the cause, of the indications provided by same inculpado credit to your family or by his advocate, or to the survey on the personality.

Fifth section. Statement of the accused.

Article 55


The Mayor will provide claim to the accused every time it deems appropriate for the clarification of the facts. If you were arrested, the first statement will be received within 24 hours of which has been put at the disposal of the Mayor. After this period, the Mayor will have to hand down a Sentence decreed by processing the freedom or, if applicable, the imprisonment of the detainee.

Article 56 the declarations of processing may be carried out even in feriat day, notice of the lawyer who has been appointed.

Article 57 to the accused, does not require an oath but he exhortarà to tell the truth.

Article 58 in the first statement, the Mayor will begin to be sure of the identity of the accused, question them about their names, last name, nickname, age, place and date of birth, address, profession, livelihood, nationality, civil status, if you have children, if you've been convicted and, if so, what penalty.

Going after your knowledge the facts that were charged and will get finally their explanations if you accept to answer.

Article 59 the Mayor will ask the accused particularly where the date and time on which they cometé the offense, in the company of what people and concerned; If you know who are their authors, accomplices or accessories of the facts; If you have knowledge of the reasons that determined the Commission of the offence and of the measures that it took to bring it out, and all that, in addition, will think necessary or convenient to determine the truth of the facts.

Article 60 the declarations will be written in the presence of the appearing that can dictate the text, and will bring the date and time of their writing, the name of the Mayor and of the inculpado credit.

Article 61 will be reading the statement to the accused, who will be able to ratify it or apply for modification or clarification of the expressions that do not correspond exactly to what has been declared or that I wanted to express. He'll learn, also, of the right which has to read the due diligence by itself.

Article 62 the Mayor, the Prosecutor, as appropriate, and the accused, will sign at the end of each diligence and faith will give the Secretary.

If the accused refuses to sign will make mention of this circumstance.

Article 63 the words scratches, amended and added is cited and approved before the signatures at the end of the deposition.

Article 64 if the accused does not understand the language in which it is questioned, the Mayor will ask for an interpreter, which juramentarà in a legal way, to faithfully fulfill its mission.

If the accused were deaf-mute, the interrogarà in writing or by means of player or person able to communicate with him.

Article 65 the confession of the accused waived not practicing all the necessary steps in order to acquire the conviction of the truth of the confession and of the existence of the crime.

The sixth section. Statements of the witnesses.

Article 66 the Mayor will be able to cite every person, the Declaration of which deemed useful, and particularly the complainant. Even, will move close to the witness if this is in the impossibility to appear.

Article 67 any person, national or foreign, has the obligation to provide restitution in any criminal matter, in order to tell everything you know about what you were asked by the instructor of the cause, or by the Court. Are exempt from this obligation those referred to in article 37.

Article 68 the resistance to appear, the silence or refusal to testify, will be punished, the first time with a fine of up to 25,000 pesetas. If the witness persists in its resistance will be driven to the judicial presence, without prejudice to the criminal liability that apply.

Article 69 if the witness resides abroad and at the discretion of the Mayor is necessary in his statement, that he will get to the judicial authorities of the country of residence, previous Commission rogatòria shipment by the corresponding legal duct.

Article 70 the testimony be declared separately and secretly;

after they were sworn interrogarà regarding your name, surname, age, neighbourhood, profession or trade;

If you know or not the accused; If you have a kinship, friendship or relationship of any kind; If you have been convicted for the crime of false testimony or for any other offence and the penalty, if this is the case, the was imposed.

The Mayor will explain without interruption about the facts upon which expenditure and will require the necessary clarifications to fade the dark concepts or contradictory without, however, making trick questions.

May not be interrogated as witnesses the persons against whom there is sufficient indictment elements.

Article 71 the testimony may be driven to the place where they had occurred the facts and can be examined there, where you can put in your presence the objects over which should address your statement.

Article 72 at the end of the statement, will be read entirely the same to the interested party, or will read itself makes use of the right that corresponds to and you will know, and in this opportunity you will be able to make the observations it deems necessary, which will be added in the statement.

Article 73 if the witness does not understand the language in which it is used, or if you were deaf-mute, will proceed in accordance with that stipulated in article 64.

Section seven. Matching of the witnesses and the accused.

Article 74 When witnesses and processed between them, or those with these, discordessin about any fact or any circumstance that has interest for the table of contents, may be held between the matching who they were in discord.

Article 75 the Mayor will read those collated their respective statements, notice the contradictions that are and will be finally the explanations of interested, in due diligence that shall be all the Parties present.

Eighth section. Perquisicions, kidnappings and sureties.

Article 76 the Mayor will be able to go to all the places to make it perquisicions and carry out the kidnapping of the objects and documents useful for the clarification of the truth. You can also order it at the service of the Order by means of the corresponding court order.

Article 77 if the sleuthing takes place in the abode of the inculpado credit, you can practise any time of the day or night, and in his presence, if there is.

If the address of any other citizen, and except that the Mayor believes it essential, only you will be able to take 6 hours to 21 hours and this person will be invited to attend. In case of absence of the inculpado credit or of the person referenced by the


previous paragraph, the sleuthing will be carried out in the presence of two relatives, or in the presence of two witnesses.

Article 78 of the whole sleuthing will run a stagecoach and will lift inventory of objects with an indication of their abducted description and characteristics.

The kidnapped will be taped after having been shown the inculpado credit and to the people present.

When the seals are placed cannot be removed if it is not in the presence of the inculpado credit or your legal representative or lawyer.

Article 79 the Mayor will be able to adopt resolutions at any time you believe to be appropriate in order to ensure the return of stolen objects or make sure the dimanant responsibility of self-determination.

Ninth section. The expert report.

Article 80 in cases in which to review a person or an object will require scientific knowledge or artistic, the Mayor, ex officio or at the request of a party, shall appoint, if possible, one or two experts preferably headlines, which must be sworn faithfully to fulfil their task.

Expert fees will be the responsibility of the party who have proposed the test, without prejudice of what will be decided by the judgment that will dictate the Court.

Article 81 the Mission of experts, which will be indicated by the Mayor, will be limited to checks materials and techniques and does not entail any point of right to prejudge.

Article 82 the Mayor and the public prosecutor and the other parts comparegudes, the last previous authorization of the Mayor, will be able to require the experts in order to make the necessary clarifications.

Article 83 When the operations of the forensic experts finished joint commitments shall be an opinion that will understand: 1st. The description of the person or thing or object of the expert, in the State and mode in which you are.

2. detailed Relationship of all operations carried out by the experts and of their outcome.

3rd. Conclusions that, in view of such data, as possible and in accordance with the principles or rules of science or art.

Article 84 if the experts were in disagreement or have reservations to make on the common conclusions, each one of them will indicate your opinion or reservations, all a basis for them.

Article 85 the opinion and the effects which the expertise will be delivered to the Mayor within the deadline that this note.

Article 86 the Mayor will be able to command a supplementary expert or a new expert.

Section ten. The search for the tests.

Article 87 The Batlle instructor will make an effort, even in the case of confessed the inculpado credit, to collect all the appropriate items in order to establish, where applicable, the liability of the offense to the inculpado credit and determine guilt or innocence. To do so, proceed, depending on the circumstances, in the confrontations in the site, to the use of the object, in the questioning of witnesses, of the victim and of the inculpado credit; sort the reports and examine the evidence and presumptions.

In certain particular cases, fulfilled its mission following the guidelines of the following articles: 1. Blows and wounds.

Article 88 the case of blows and wounds or other kinds of injuries, the Mayor will, if appropriate, an opinion.

Requested to the experts or experts, mainly, that State or determined: 1. The kind of blows and wounds, its extent, depth and location.

2. How have been produced.

3. If you are recent or old.

4. In what order have been produced.

5. If you have been inferits for a single or for different individuals.

6. The position of the victim at the time in which he has been assaulted and her assailant.

7. The likely consequences of blows and wounds.

8. The likely duration of the treatment, the nature, the importance and consequences of the operations that may be necessary.

9. The disability likely to work.

Article 89 the mayor ordered the issuance of the medical certificate in which expresses the time which the injured party has taken to be healed, the time during which it has been impeded by his usual work, and whether it has been Vice, defect or deformity with specification of the aftermath, or type of resulting disability.

Article 90, in the case of non-violent or suspicious death resulting from an accident of traffic, the Mayor, accompanied by the Nuncio, will move to the place where the corpse and will act as a habit.

Immediately the mayor ordered the medical examination of the corpse and the certification of death. Will practice the autopsy the corpse in order to make sure of the causes and circumstances of the death but when think of all this unnecessary care. If the body either buried may, in any case, order the exhumation.

Article 91 before proceeding to the autopsy the corpse is to accurately describe and verify their identity by statements of witnesses who have known in life to the deceased.

If the person of the interfecte were not known, it is specified in the procedure for recognising its features or the features fisonòmics and individuals, clothes and other effects that you find so that you can be recognized.

Article 92 as a rule, doctors appointed by the ruling, will be the following: to proceed to the examination and autopsy of the dead body with a view to determining:-the nature of the blows and wounds that present the corpse, it causes (sharp instruments, cutting, blunt, Burns, firearms, etc.),-if the wounds are recent or old,-the order in which they have been produced ,-if you have failed to result in death, if there are signs of resistance or struggle,-if the death is not the result of an accident or a suicide.

-If the blows and injuries have been caused by one or several individuals, before or after death, and under what circumstances, if death is a direct result of the blows and wounds, or if it has become because of certain circumstances that have been able to make the wounds acquired later a gravity that normally may not have (poor health status , lack of care, etc.).

-the positions of the victim and the aggressor,-the period in which the death occurred, – if the cuts and tears of the victim with injuries and what are the nature and the direction,-if the victim shows signs of torture or rape.

The Mayor may, in addition, ask the doctor all complementary explanations it deems useful, given the circumstances.

Article 93 in case of death due to poisoning you will need to order the removal of the viscera and their analysis. The report will require the category and the nature of the thing ingested, the amount used and the way in which it is used.


Article 94 In the event of death caused by firearm, we will be able to order a ballistic expert.

2-Infanticide.

In the case of article 95 presumption of infanticide, doctors will determine if the child was born alive; If you lived outside of motherly; the time of death; If the death is natural, accidental or criminal; If the child has suffered violence and if it has been dispensada due care.

On the other hand, we shall, whenever possible, to the examination of the alleged mother.

If necessary the child's body will be exhumed.

3-Robberies.

Article 96 in case of theft, theft or other offences against property, will have to be found, provided that this is possible, climbing, efracció, use or possession of weapons, the use of violence, the media or the instruments used, and also the use of the vehicle.

The signals, the signs and the tracks will be collected as soon as possible.

It is necessary to establish the fact of the theft and also the existence and the value of the stolen goods.

4-fire and explosion.

Article 97 In the event of fire or damage by explosion, one will contain: 1. The place, time and means of execution.

2. The kind of incendiary material or explosive.

3. The extension, the evaluation of the damage and the circumstances of greater or lesser danger for people or things more or less close, if the fire or the explosion had spread.

Article 98 In the crimes which have caused harm or danger is not expressed in the previous articles, the people or the property, we will find out and will consist in aunt: the severity of the danger to property, life, health or safety of persons, or entity of the damage suffered by the who have wanted to cause and its evaluation , and the media and utilities.

5-general rule.

Article 99 does not produce the effect obtained evidence infringing or violating the rights or fundamental freedoms.

Section eleven. Of the processing.

Article 100 when the proceedings were carried out in the summary is a rational indication of criminality against a certain person, will dictate processing, which will be reported immediately sentence processing in a language that this understanding. In addition, you will be informed of their rights.

Processing will be able, from the moment of being so, advised by a Lawyer and worth it for both urge the rapid completion of the summary, how to ask for the practice of the proceedings that interest you; You can also make the claims that affect their procedural situation.

To comply to what determines this article, the Mayor will have that processed a minor is provided with a lawyer and Solicitor, unless he himself or his legal representative have been appointed.

Article 101 In the summons or processing in another resolution Mayor may have the processing pay security deposit to make sure the responsibilities that may be declared from.

Likewise, in the Sentence or in processing resolution aside, the Mayor will be able to declare the person or entity responsible to civil proceedings.

Article 102 the Mayor during the instruction oït and the public prosecutor's Office, will be able to leave without effect the summons of processing when they have distorted the evidence of criminality that justificaren the processing.

Section twelve. Order of appearance, a temporary prison and parole.

1-order of appearance.

Article 103 the Mayor will be able to order the appearance of the persons against which appear based reasons for guilt. When the person against which exist evidence of guilt has fled or refuses to appear, the Mayor will be able to deliver an arrest warrant to be able to run in the whole territory of the valleys, and from which you can ask for the execution, even outside of this territory, bearing in mind the legislation of the States in which the accused may have taken refuge.

2-temporary Prison.

Article 104 the Mayor may prescribe provisional prison of prosecuted for a crime: 1st. When the freedom of processing to present a danger to public safety, or the fact to have caused unease or alarm.

2. If there are reasons to believe that the criminal will try to withdraw the action of Justice.

3. If the crime has caused damage to a third party and has not been presented a surety bond or deposit enough.

4. If detention is necessary for the protection of processing or to prevent the repetition of the offence.

5. If the inculpado credit does not comply with the order of appearance dictated by the Court or Judge.

6. If the maintenance release may harm the normal development of the instruction.

However, the Mayor will be able to maintain or not in prison processed in accordance with the severity of the crime, its social impact, the alarm caused and the danger of the imprisoned.

The mayor shall issue processing of law that gives the following article.

Article 105 Against the resolution of the Mayor that provisional prison decreti of processing, can intrude, within the five days following the notification, appeal, appeal in a single effect that, upon hearing of the public prosecutor, will solve Minor crimes as required by the judge or the judge delegated by the Appeals Court of Corts, within a maximum period of fifteen days.

Article 106 On the causes of terrorism or drug trafficking crimes followed by, the Mayor, during the procedure, will be able to agree on the lack of prisoners for the time necessary for better clarification of the facts, without that can last beyond eight days. In any case, the lack of communication is decretarà by grounded decision.

107 article Adhuc in the case of having raised the lack of communication, the Mayor will be able to prescribe it again if the cause appeared merits to do this. In such a case, however, the lack of communication may not exceed three days.

Article 108 the prisoner to solitary confinement will not be able to communicate with any person or receive or give objects of any kind, if not by conduit or by means of the Batlle instructor.

Article 109 The pre-trial may not exceed four months. However the mayor or the competent Court may, by reasoned decision, to extend this period by other four months, after which, will remember the mandatory provisional freedom.

3-parole.

Article 110 the Mayor may, if it believes appropriate, decreed ex officio provisional freedom.

During the course of the case, processing taken may at any time apply for parole is the Mayor before the instructor conclusion of the summary, the competent Court after the completion of the hearing.

In this application, you will be given at the public prosecutor's Office, which must report within a period of five


days. The mayor or the Court be resolved according to law by Aute that will dictate within 10 days of the request, or has not informed the public prosecutor's Office.

Article 111 1. The Mayor will be able to condition the effectiveness of provisional freedom in the provision of a security deposit, determining the nature and the amount you have to pay, given the nature of the offence, the solvency and the background of the processing, the possible interest of the latter to withdraw to the action of the justice and the social impact of the fact. The Mayor may at any time, if you think has varied its previous appreciation of the fact or the circumstances, modify the amount of the security deposit or leave without effect the parole by agreeing to jail again.

2. The Mayor may also affect the effectiveness of the temporary freedom to fulfil one or more of the following obligations: a) to justify the exercise of regular work.

b) presented in terms prefixed to the Council or to the Police Service.

c) refrain from driving motor vehicles.

d) abstain from attending certain public places.

e) Stay at home during the hours established by the Mayor.

f) refrain from receiving or enter in connection with certain people.

g) to submit to medical examination certain measures, treatment or care, even in hospital.

h) refrain from delivering checks.

and in accordance with family charges imposed legally Justify).

In the event of non-compliance with the Mayor will be able to order the prison immediately.

Article 112 The bail given to respond to the appearance of the processed, will serve also to meet the legal costs caused, without prejudice that is also a result of civil liability.

Article 113 If the processed does not appear in the first subpoena, the Mayor immediately decretarà the order of imprisonment and shall deposit the legal destination, communicating it to purposes then. If the present purposes the processing within a period of 30 days the Mayor will be able to arrange the return of the amount of the security deposit.

Article 114 If processing appears, or is presented by purposes or is taken prisoner before he made the guarantee, the Mayor revocarà the agreement that the effectiveness of the security deposit and the costs will be the responsibility of the purposes.

Article 115 Saving the provisions of article 112, the deposit is URcancel.lar à: 1st. If the purposes you request and presents the processed or if this had been formed in prison.

2. If you are dictates aute oversight or sentence of absolution or when, being this damning, the REO will present to comply with it.

3. By death or insanity of processing, while awaiting the cause.

4. When you have executed the sentence or has completed the process for death of convicted or to the ground.

Article 116 shall be applicable to the bonds offered to ensure the appearance of the processing, the rules of section 13 of this chapter.

Section thirteen. Common rules on deposits and seizures.

Article 117 shall be fiadora every person who has legal capacity to contract and to be solvent. The Mayor may require that the proposed purposes justify their patrimonial solvency.

Article 118 the deposit can be personal, home equity or fixed income securities.

Article 119 if the agreed deposit is not presented within the deadline set by the Mayor, it will surge in goods processing, preferably those who point this or, but, his wife, children or other persons who are at home at the time of practice the due diligence.

Article 120 If the goods seized were real estate, will be delivered in the deposit, subject to inventory, to the person who is designated for this purpose, determining the Mayor if the embargo is necessary to make it extend the fruits and income.

Article 121 in the case of movable property, the mayor shall appoint a trustee-administrator of responsibility that will receive under inventory and it will force you to surrender justificador account of his expenses and products. If it has been repossessed consists of cash money, public, Mercantile and industrial effects, jewels, Rhinestones, or deposited in argents Bank is.

Article 122 when one embargui sementeres or plantations, the Mayor in will determine the shape of the administration. If it is semovent will be required for processing state if you prefer that will proceed to their sale or deposit.

Article 123 if the embargo affects the pensions or wages, we deliver ex officio to the person you have to meet them so that they retain, at the disposal of the Mayor, in whole or in part to be determined.

Article 124 the Mayor sort to the administrator of the embargoed assets that give deposit of good compliance of his Office, when not the finger notorious Manager responsibility.

The administrator shall be entitled to a reward that will fix the Mayor.

Article 125 if necessary to make effective the pecuniary responsibilities which referred to in this section, we will proceed to the Executive.

Section fourteenth. Responsibility of third parties.

Article 126 the Mayor will require security deposit or decretarà lien on the goods belonging to persons subject to civil liability by reason of the offence, or who have been benefited in profit.

Article 127 people who are in the case of the preceding article may be claimed in writing, during the processing of the case, the reasons why they have not to be considered legally responsible for and propose to this end those evidence obtained by their claim. The Mayor, by the practice of the above evidence that appropriate to resolve duly motivated aute believe, about the claims made. Against this sentence can intrude, within a period of 5 days, appeal to appeal, as required, in front of the judge of Minor Offences or the judge delegated by the Appeals Court of Corts that resolved within a period of 15 days.

Section fifteen. Conclusion of the summary.

128 article Practiced the correct steps for the clarification of the fact punishable and its authors, accomplices and accessories and insurance responsibilities, the Mayor will give a view of the summary to the public prosecutor who, within a period of 8 days, you can request of the Mayor, the consignment of the performances at the Court or the practice of new proceedings that believes appropriate to complete the instruction.

Article 129 the summons of conclusion of the summary will notify the querellant particular, despite having only the character of civil actor, processing and other persons against which is civil liability, summoning them all to appear before the Court of Corts in the period of 10 days. It is also


and will inform the public prosecutor, the judge or court Court of appeals, as required.

The third title in the Court of Corts chapter i. General provisions.

Article 130 The Court of Corts, supreme organ of the criminal justice in the valleys of Andorra, is constituted by the Veguers or their magistrates and the judge of appeals, assisted by two representatives of the General Council called Rahonadors, by the Magistrates, and Notaries. Notaries may be replaced by a Secretary.

In the Court of Corts the public prosecutor will act assuming the defense of the legal order and the interest of the company.

Article 131 The Veguers, or the magistrates delegates and the judge of appeals are the only ones that have the function of judge and the authority effectively. The Rahonadors represent the General Council and shall ensure the observance and respect of habit, intercede and defend, when sia cooperating, the accused and ask for the indulgence of the Court. The Mayors will always be at the disposal of the Court. The Notaries, and, if necessary, the Secretary, testify of the decision of the Court and up minutes of the hearing. The commissions that the court order him to execute Nuncio.

Article 132 the proceedings of the trial will be conducted by one of the members of the Court either. This will be provided as necessary for the practice of testing and will have all the powers necessary to preserve and restore order in the sessions and to maintain the respect due to the Tribunal and to the other public authorities.

The Court may fix on the spot, with a fine of up to 50,000 pesetas, the indisciplines that will commit, without prejudice to the criminal liability that may be incurred by the authors. In the case of a professional, in addition to warning and fine and in case of relapse, can be disabled temporarily for the exercise of the profession before the courts.

Article 133 the Court may in the presence of the public prosecutor's Office, whenever necessary and at least twice per year, decide the dates of the sessions, for months coming. You will notice the Syndic General to designate Rahonadors. Also, as usual, will be issued the edict "of apariendis et publicandis".

Article 134 The General Council will put at the disposal of the courts the following Books: the book of opening the Sessions or Corts, the Manual Digest and the Politar and the book of privileges on the valleys.

Article 135 the opening of the judicial year sessions will take place once a year on the first day of the month of October in the presence of members of the Court of Corts, the public prosecutor's Office and the Ombudsman's General. This will give them the welcome, in the trade that he will pray that observe the privileges, uses and customs and who look forward to the causes of the poor, orphans and homeless;

then will be declared open for the courts, stating all of this in the book's opening Sessions.

Chapter II. Previous actions of the Court.

Article 136 Received the aunt, the Court of Corts put them out immediately to the Secretary of the Tribunal, the Prosecutor, to the actor in the civil querellant, if appropriate, to advocate or defenders and third parties responsible, for a set of 15 days, so that they can propose issues previous pronouncement, the practice of new proceedings sumarials, dismissal of the cause , opening of the oral judgment or any other convenient statement to their right. When you request by the Prosecutor or by the particular querellant oral trial in the same written provisional grade will be made of the facts and will propose the tests which try to fend.

137 article only will be able to propose as previous issues the statement of res judicata, prescription, Amnesty and pardon.

Previous issues are proposed 138 article If statement it will move on to the representatives of the other parties in order to expose everything that suits to your right. The Court will solve all the issues proposed without subsequent resource, while the parties may play in the event of the oral trial, as a defense, said previous issues rejected.

Article 139 Rejected previous issues proposed will be communicated again the cause for the period of 5 days for the purposes of article 136.

Article 140 after the deadline indicated in the preceding article, the Court may agree: 1) lead to the requested processing in the instruction of the cause and denied by the Mayor. In such a case are revocarà without further ADO the summons of conclusion, returning to the table of contents for the practice of the proceedings which are a result of this resolution.

2) Revoke the summons of conclusion of the Mayor; in the event of revocation will be directed to return the process to the Mayor, all expressing the proceedings they have practised.

3) Celebrate the oral trial.

4) Dismissed the case.

5) Declare or misdemeanor criminal contravention the fact pursued.

Against the decisions of paragraphs 4 and 5, fit the resource of plea.

Chapter III. Of The Ground.

Article 141 The Court of Corts will be able to agree on the final dismissal or temporary, total or partial.

Article 142 The dismissal will be ultimate: 1) When is with evidence that the crime has not been committed.

2) When the crime is not proven fact.

3) When they appear exempt from criminal responsibility are processed.

Article 143 The dismissal will be temporary: 1) when they are in the process of media enough justification to prove the Commission of the offence.

2) when checked the fact criminal, not appear signs with power to determine its authors, accomplices or accessories.

Article 144 The ultimate oversight will be irrevocable and will firmly closed the trial.

The temporary dismissal leaves open the summary to the emergence of new data or vouchers, except in the case of prescription.

Article 145 if the public prosecutor asks the dismissal and has not been presented to the cause the querellant particular, the Court determined that you do know the aim of the public prosecutor to interested because within the period of 15 days to appear to defend the action by reasoned if they see fit; If you do not do so, the Court agreed the dismissal.

When it is unknown the whereabouts of interested in the exercise of criminal action will call them by the edicts and, after the deadline of the site will remember the dismissal.

Chapter IV. The Oral Trial.

First section. General provisions.

Article 146 When the Court and the oral trial tax claim mani is the revocation of the summary, the Court will return the cause to the public prosecutor for their qualification.


Article 147 the cause for a qualified attorney, in the case of the article above or in the event of article 136, the aunt will be set out in the Secretariat of the Committee, for the period of ten days and in order to make the rating, to the actor, the civil defenders of processed and to the third parties legally responsible or their lawyers.

In the writings of qualification will propose the tests who want to practice in the event of oral judgment.

Article 148 the Court will examine the proposed tests and will endeavour to immediately admit that it deems relevant and will reject the others.

Article 149 so far to give beginning to the sessions of the oral trial will be able to join the cause the documents, reports and certificates that had been requested by the parties, or submitted spontaneously by the authorities.

Article 150 the Prosecutor, the prosecution, the defense of the accused and the civil responsibility will be able to ask, before the conclusion of the oral trial, which will practice those tests necessary for the better understanding of the facts and they cannot practise in the Act of judgment. The Court may deny the practice of those tests that do not consider strictly necessary.

Article 151 Observed ex officio by the Court or denounced by the party before judgment, the existence of obstacles to be resolved prior to procedibilitat and with hearing of the parties, by amending all action that has been carried out with infringement, fraud or abuse of procedural rules.

Started the trial on the merits, all the questions will be resolved in the process of dictating sentence.

Article 152 the debates at the oral trial will be public, although, when because of the nature of the crime, the advertising of the audience may offend public decency, the Court may direct that the sessions held behind closed doors.

Second section. Of confession.

Article 153 the Court interrogarà on the identity of the accused, will expose the charge or complaint and will invite the accused to explain about the facts that they are deprecated.

Article 154 If sobrevingués dementia after the Commission of the offence, concluded that either the table of contents, the Court ordered that he file the latter until the defendants or recover health, having at the same time your income in an appropriate establishment, which won't be able to go out without the permission of the Court.

If there was another accused by reason of the same crime that is not found in the previous case, it will continue the cause only as for it.

Article 155 if the accused or reu pertorbés the order of the hearing despite warnings persistís in this manner, the Court may arrange their expulsion during certain time or throughout the duration of the trial, which will be held without him; all this without prejudice to that provided for in section 6a. of this chapter.

The third section. Of the witnesses.

Article 156 after the interrogation of the accused will proceed to the statement of the witnesses.

The witnesses who have not been proposed in the writings of qualification and have not been ordered ex officio may be refused by the Court.

Article 157 the witnesses who have to declare they will remain until they are called to give their statements, in one place for this purpose, without communication with any other person.

Article 158 any person interrogated or who run the word to the Court will have to talk about right, except those to which the Tribunal, special reasons, according to this obligation.

Article 159 once the Court has commanded that you present a witness to testify, will ask the name, last name, State, age and profession; If you know or not the case and if there is any other friendship or kinship, relation; If you have been convicted and the penalty, if this is the case, it was imposed. Given the oath or promise that you will require, will make the questions considered most relevant and timely to debug the events on which to report.

Article 160 when deemed necessary, will proceed to the confrontation of witnesses, among them or processed.

Article 161 witnesses deny that to declare offence the penalty of fine of up to 25,000 euros, without prejudice to that, if you persist in the negative, will proceed against them for the crime of disobedience.

Article 162 will be dispensed from the obligation to declare, ancestors and descendants in direct line, the partners and the brothers of processing, and also his attorney, regarding the facts that knew to your Defender.

In these cases the Court did warn the witnesses.

Article 163 when deemed of importance to the statement of a witness and this, for disabled, may not appear to testify, the Court or one of its members will be moved to the address of the witness to ask the appropriate questions. You can also delegate the Magistrates the practice of this test.

Article 164 the members of the Court, the public prosecutor and the lawyers will be able to question and to ask questions directly to the people who appear before the Tribunal. The Court may, however, decide that the questions will do for his mediation. In any case, will not allow you to do trick questions that may induce to error.

Section four. Expert report, documentary evidence and ocular inspection.

Article 165 The experts, that may be objected to for the same reasons given in the article 7, will be examined together if they are different and have to declare on the same facts and, if necessary, to consider any recognition, ruled they will in appropriate premises, in the Curia, [4] the session as long as necessary.

Article 166 the Court applied the test documents, examining the books, documents, papers and other pieces of conviction that can contribute to the clarification of the facts or in the most secure of the truth.

The documents submitted by the parties are not written in Catalan must be accompanied by their official translation.

Article 167 the Court may practice the test of ocular inspection with citation of the public prosecutor's Office and the parties.

Fifth section. Of the reports of the prosecution and the defense.

Article 168 Practiced all the necessary evidence, the Court will ask the parties to demonstrate that if permanent or temporary rise their findings, and then modify the give the word so that they can inform the public prosecutor's Office and the accuser's attorneys, in particular of the actor, of people legally processed and civil officers, in that order.

Once the reports, the President of the Court


ask the accused if they have something to manifest and if so the listen. Then they will declare concluded the trial to judgment. The Secretary shall record the performed with the greatest fidelity possible.

Article 169 if the Court would understand that the object of the trial has been qualified by the parties with clear error, or deemed insufficient punishment required, or feel that there are circumstances that alter or exempt themselves the responsibility, you will be able to suggest to the Prosecutor or to advocates who give their opinion. The Court will dictate the sentence in appropriate Justice.

The sixth section. The good order of the sessions.

Article 170 the Court will prevent that in the course of the session are made by the parties or their Lawyers, by witnesses or by any other person, after demonstrations or impertinents, unrelated to the facts object of the crime or that offend morals or lack the respect due to the Court, or they may alter the good order of the session.

Rest also prohibited any sign of approval or disapproval from the audience, which will have to keep a rigorous silence and respect during the sessions.

Article 171 it is prohibited the entrance to the courtroom, without express permission of this, photographic equipment, film, or television and graphic record, sound equipment or of any other type.

Article 172 infringements of the rules of the preceding two articles may be sanctioned by the Court with a fine of up to 50,000 pesetas, without prejudice to the criminal liability which may be incurred.

The Court may also order the expulsion of the offender or of the people who somehow alter the good order of the sessions, and even, you can evacuate the room and have the continuation of the trial behind closed doors.

Section seven. Of the discussion and of the judgment.

Article 173 the Court will hear reservadament the Rahonadors, immediately after the conclusion of the trial and then, alone, will discuss and vote the issues that have been the subject of the trial.

Article 174 the Court may, before dictating sentence, agreed the practice of supplementary information on either end you believe necessary.

Article 175 the Court, assessed according to their conscience the tests were carried out, the reasons presented by the prosecution and the defense and the manifestations of the accused, render judgment.

Article 176 the ruling will be adopted by a majority among the three members of the Court.

Eighth section. Suspension of the oral judgment.

Article 177 May suspend the oral judgment: 1) when you have to solve some incidental issue.

2) When it does not appear the witnesses for the prosecution or disclaimer.

3) When any member of the Committee or any processing is sick or is prevented.

4) When they have produced substantial alterations in the trial, and needed new elements of proof.

5) in any other case at the discretion of the Court.

The fourth title of the competition Procedure the judge of Minor Crimes.

Chapter i. Preliminary Actions of the Court.

178 article Received the aunt, the judge of Minor Crimes, put them out immediately to the Secretary of the Tribunal, the Prosecutor, in the querellant, if appropriate, the Ombudsman or advocates and others responsible for a set period of fifteen days, so that they can propose issues previous pronouncement, the practice of new proceedings sumarials, the dismissal of the case , the opening of the oral judgment or any other convenient statement to their right. When you request by the Prosecutor or the particular querellant oral trial in the same written provisional grade will be made of the facts and will propose the tests which try to fend.

Article 179 only will be able to propose as previous issues the statement of res judicata, prescription, Amnesty and pardon.

180 article If previous issues are proposed shall be pronounced on the representatives of the other parties in order to expose everything that suits to your right. The Court will solve all the issues proposed without subsequent appeal while the parties will be able to play in the event of the oral trial, as a means of Defense, these issues previously rejected.

Article 181 Rejected previous issues proposed, will be communicated again the cause for the term of five days for the purposes of article 178.

Article 182 after the deadline indicated in the preceding article, the judge of Minor Crimes will be able to agree on: 1st. Declared incompetent by reason that the competition is up to the Court of Corts or of Magistrates.

2. Lead processing requested in the instruction of the cause and denied by the Mayor. In such a case are revocarà without further ADO the summons of conclusion, and the summary will be returned to the practice of the proceedings that are the result of this resolution.

3. Hold the oral trial.

4. Dismissed the case.

Against the resolutions of the 1st sections. and 4th. fit resource of appeal.

Article 183 shall proceed with the dismissal of the case in the cases set out in article 142 and following.

Chapter II. The Oral Trial.

Article 184 The oral trial will be adjusting to the ordinary way established in articles 147 and following, and will not be applied to articles 173 and 176.

Article 185 Misdemeanours judge, evaluating according to his conscience the tests were carried out, the reasons presented by the prosecution and the defense and the manifestations of the accused, render judgment.

Article 186 Against the sentences handed down by the judge of Minor Crimes, will be able to interpose resource of appeal before the Court of Corts, in accordance with the rules established in article 227 and matching.

Fifth title the jurisdiction of the Magistrates of the Criminal Ordinance Chapter i..

Article 187 the facts classified as a penal contravention, in paragraphs fonaments. 2, 3 4 and 5 of the article 63 of Decree dated 29 January 1988, may be punishable by the Criminal Ordinance that regulates in the following articles: Article 188 The competent Mayor, oït the alleged infringer and practiced the proceedings it deems suitable, may agree to criminal Ordinance imposing, jointly or alternatively, a fine of up to 100,000 pesetas and deprivation of driving license up to six months.

Article 189 Notified the Ordinance to the interested parties and the public prosecutor, these will be able to formulate opposition to simple demonstration in front of the Secretary of the respective Council within ten days; in the absence of opposition, the Ordinance will remain firm and will be a seasoned.

190 article if you formulated opposition, the Mayor will be the performances


the Court of Batlles for the celebration of the corresponding judgment of faults and the Ordinance will be without effect.

The mayor who agreed the Ordinance does not form part of the Court to judge the same fact.

Chapter II. Of the Court of Batlles.

Article 191 of the Penal contravencions will be judged by the Court of Batlles, composed of a Mayor and a French bailiff Episcopal.

Those interested will be able to have at all times aware of the proceedings better educated by lack of asking the performances.

Article 192 When the instruction is over or even without instruction if the facts are sufficiently tested by the preliminary survey, the competent Judge shall set the date of the trial and the events of the case, the other parties and the witnesses with a minimum notice of 15 days, warning the parties that must appear in the Act of judgment with the tests that try to fend. The public prosecutor's Office should be informed with the same anticipation of the relationship of the procedures to which the judgment.

Article 193 people legally cited that does not appear in the Act of judgment may be sanctioned with a fine of up to 15,000 pesetas, if not the claim just cause to do so.

Article 194 the trial will be public and will begin by reading of the complaint or the foundations which have given rise to their introduction, and then we will proceed to the examination of the witnesses summoned and the practice of the other tests agreed ex officio or proposed by the public prosecutor or by the parties, and that have been accepted. Then make use of the word the public prosecutor, the civil part, and finally the inculpado credit, which will expose himself or through his lawyer what you believe is convenient for their defense.

Article 195 Of every judgment we shall draw up a record, picking up with the greatest fidelity possible all acted, and be signed by the Batlles, the Prosecutor and the Registrar.

Article 196 of the inculpado credit not suspended the trial nor its resolution, as long as the record that has been quoted in due form.

197 article Within a period of 15 days, the Mayors made in court, will dictate further judgment, which should be dictated by mutual agreement and signed by themselves.

In the event that the two Mayors do not reach an agreement, the aunt will be elevated to judge of Minor Offences, which will definitely solve public prosecutor's report.

Title Sixth Of Procedural expenses and the fate of the Seized Objects Chapter Only.

Article 198 In all aunt or judgments will have to be resolved on the payment of procedural costs.

199 article be made on payment of procedural costs the following statements: 1) Declare them ex officio.

2) Fix the part that corresponds to each of the condemned declaring solidarity if necessary.

3) condemn the particular querellant or civil actor.

The payment of the legal costs will not be able to impose on the accused who have been acquitted.

Article 200 If the goods of the condemned are not enough to cover all the pecuniary responsibilities, these will cater for the following order: 1st) repair of damages and compensation of the damage.

2nd) The court costs.

3rd) the fines.

Article 201 of the effects of illegal trade seized will be able to sell, if it is not derived from any danger; otherwise it will be destroyed or inutilitzaran.

When are seized are permissible to trade will be sold to traders from the town for market price or place when this is easily ascertainable unequivocally and with bonuses that do not exceed 15%.

If it were not possible to check the price of the square or the market will proceed to carry out the sale in public auction.

Seventh title Of judgments and other actions chapter i. of the Aunt, Appeals and judgements.

Article 202 The judgments that can adapt will be aunt, appeals and judgements.

Article 203 The appeals will contain the resolution of the Mayor or the Court, the date on which they agree and the initialling of the Mayor or magistrates and judge of appeals and the signature of the Secretary. The aunt will be written basing them in specific and limited other Recitals and Resulting in the issue that will decide.

Article 204 the judgments it will dictate further in accordance with the following rules: first: we shall state the place and the date on which the resolution is issued, the facts which have given rise to the formation of the cause, the name and surname of the processed, consigning the nicknames and the reasons which were known, their status, nationality, address, trade or profession and other circumstances that had figured in the cause.

Second: is employed Resulting in the events that are considered to be tested and are related to the issues that have been resolved in the jutjament.

Third: it is designated in paragraphs that begin with the word rating: 1) the legal qualification of the facts that have been loved tested; 2) the legal qualification of the participation of each one of the prosecuted has had on them; 3) the qualification of the circumstances aggravating and attenuating; 4) the legal qualification of the facts proven in relation to civil liability where they have incurred processing or persons subject to it and the one which corresponds to the resolutions that have to dictate on court costs.

Fourth: we shall the legal provisions that are considered applicable and will deliver the jutjament condemning or absolving the processed or prosecuted for the crime or crimes that have been the object of the process and imposing appropriate punishment.

Article 205 the ruling will resolve equally: 1) all matters relating to the civil liability trial object.

2) On the Declaration of libellous complaint if appropriate.

3) On the payment of procedural costs.

4) About the possible exemption of registration of criminal or restriction of advertising for them.

Article 206 the Court may, within the period of five days, ex officio or at the request of a party, to rectify any mistake material, clarifying confusing concepts or replace remarks that are clear in the sentence.

Article 207 the sentences that are passed to traffic offences will contain, in addition, the following statements: invalidation of your driving licence, in the event of conviction, in its final withdrawal. payment total compliance with the conviction of the time, during the substantiation of the cause, has been impeded the processing of the use of the above mentioned permission; withholding of driver's license for the time that this payment lacks to meet and return of driver's license in


case of acquittal.

Article 208 may not be the subject of publication without the express authorization of the Court: a) The acts of indictment or other litigation, before the public hearing, or other actions that may exert pressure on witnesses or judicial decisions.

b) deliberations of the Interior, or the personal impressions of officials of the administration of Justice.

Under no circumstances will not be able to make comments on the discussions, the actions and decisions of the courts, except those strictly of technical-legal. It will also not be able to take any comment that attempts to the honour and dignity of the courts, of its members or of the parties, or any other person who has been involved in the hearing.

The breach of that preceptua this article may be punished with the penalty provided for in article 172 without prejudice to the criminal liability to which it could give rise.

Chapter II. Of notifications and Citations.

Article 209 of the Aunt and the judicial Appeals will be notified within fifteen days after dictates, or earlier, if the Mayor or the Court so ordenessin.

Article 210 notifications made by delivering a copy or photocopy of the resolution, which must contain the date, time and place in which they practice this due diligence, with the signature of the person who receives the notice, under the faith of the Secretary. When the notification is made at the domicile of the parties, the Secretary may delegate the Nuncio to bring it into practice.

211 article When the Secretary does not find the person who's going to report, will deliver the copy of the resolution to any person in the House, starting with the most distinguished and failing this, to any neighbor, preferably on the more immediate. If the person requested is Government's refusal to sign the receipt, I will make two witnesses who will expressly, which will not be refused to do so under penalty of fine of up to 15,000 pesetas.

Article 212 In due diligence before we will include the obligation on the part of the one who receives the copy, deliver it to the one who had to be notified, as soon as they return to their homes, under penalty of the fine specified in the previous article.

Article 213 the judgments will be notified by the Magistrates or by the Secretary, by reading and delivery of copy in public, all that shall be stated by diligence.

214 article citations to the witnesses and to other people that they are a direct part in the trial the appearance of which it deems necessary or convenient for the prosecusió of the cause will be practiced by the Nuncio with the same formalities established in article 210 for notifications. You will need to express, in addition, in the certificate the comminació that if you do not appear in the first quote, you will incur in fine of up to 20,000 pesetas, and that in the second quote, you will be driven by the public force, without prejudice to be prosecuted for the crime in which suffers with his disobedience.

Article 215 of the certificate of location will contain the requirements for notifications, and in addition, the following: 1st) the deadline within which it has to appear.

2nd) the reason which makes the site.

3rd) prevention which, in the event of default will become the prejudice that in law apply.

Article 216 When the notification, quote or site has not been able to practice, will run diligence expression of reason has not been able to practice.

Article 217 people of parador ignored will be cited or located by the edicts.

The Edicts, will be published in the official bulletin of the Principality and will contain: 1) the appointment of the Judge or Tribunal who knows the cause.

2) the names and surnames of the person the subject of the citation.

3) the period in which you will have to present, under comminació which, if you don't do it, it will be declared a rebel.

4) the date on which it is issued.

5) the signature of the Judge or of the authority that issued and the Secretary.

Eighth Title Of Resources.

1. Appeals against the decisions of the Magistrates.

Article 218 Against the resolution of the Mayor according to the file of the proceedings, dismissing the complaint, lawsuit, decreed by the dismissal, according to the prison, dismissing an application for provisional freedom or denial of processing, you can bring it resource of appeal within a period of five days following the notification, in front of the judge of appeals acting on the Court of Corts, which will allow you to a single effect , and oït in writing the public prosecutor and the parties will resolve in the period of ten days.

Article 219 the judgments handed down by the Court of Magistrates may be the subject of appeal to appeal in front of the judge of Minor Offences, the appeal must be lodged within the ten days following the notification of the judgment.

Article 220 Supported the appeal against the judgment in both effects, will be sent the original aunt in Court of Misdemeanours and emplaçarà the parties to appear before the same Court in the period of 15 days. In the same period the public prosecutor will be able to join the appeal.

Article 221 the appealing may appear by itself, by legal representative or in writing; If it fails to appear within the deadline indicated they will declare Wilderness Resort.

Article 222 the judge of Minor Crimes in the senyalarà that listen to the public prosecutor and to the parties and resolve without further resource ordering, at the same time, the return of the performances.

Chapter II. Appeals against resolutions of the Misdemeanours judge.

Article 223 against resolutions of the Misdemeanours judge declaring itself incompetent or agreeing to the dismissal of the cause will be able to interpose Appeal appeal to the Court of Corts.

Article 224 Accepted the resource, you will be in a single effect, will be delivered by the judge of Minor Offences, in the period of fifteen days, testimony of individuals and of the public prosecutor's Office and the parties, within the five days following the notification of the admission of the resource.

Delivered the testimony will emplaçarà the parties for a period of 15 days to appear before the Tribunal de Corts.

Article 225 if the appealing fails to appear in a legal way within the term indicated they will declare Wilderness Resort.

Article 226 The Court of Corts, oït Attorney and the parties, in writing filed within the deadline set of 5 days, will resolve without further resource ordering, at the same time, the return of the process if the appeal has been supported in both effects, communication or relapse into another case.

Article 227


Also fit resource of appeal against judgements issued by the judge of Minor Offences; be accepted in both effects, and sustanciará in accordance with the following rules: 1) the resource will have to stand in front of the Judge of appeals within fifteen calendar days, expressed succinctly but motivadament the foundations of the challenge.

If you ask for the annulment of the procedure for crebantament of the procedural rules that have caused the vulnerability of appealing and the failure may not be amended in the substantiation of the appeal, it will have rules that are considered to be transgredides and expressed the reasons of vulnerability.

2) may only be ordered the practice before the Court of Corts in the following tests: a) which has not been possible to come up with in the first instance;

b) proposed that have been improcedentment denegades;

c) the admitted not practiced due to causes not attributable to the crossing.

In all cases the lack of proof must have caused obvious defencelessness.

The application of these tests must be done in writing of the filing of the appeal, stating at the same time the reasons for supporting the alleged vulnerability.

3) Received the actions and allowed the appeal, the Court shall notify the parties and the non-recorrents will be able to join the appeal, within a period of fifteen days. Then the Court will issue a resolution on the proposed tests, and allow the from and the necessary ex officio. Against that remember the Court not fit resource.

4) Despite the admission of the appeal, the convicted will continue in the same personal situation which but may be modified by the Court.

5) the Court senyalarà day for the view in which they will play the tests agreed, without prejudice to that, previously, can be commissioned to the Mayor of the whole or part of these tests. In the event of the sight of the public prosecutor's Office and the other parts in mid-May, simultaneous defending his claims.

6) judgment of the Court of Corts, will be limited to solve only the issues raised to the interposition of the resources saving the case that the Court has made use of the faculty which gives the article 169 of this code.

The issues that affect the validity of the procedure must be seen automatically.

7) the judgment shall contain one of the following statements: a) annulment of the decision of the judge of Minor Crimes when they have infringed the rules of procedure;

will decretarà to the trade and the revival of the performances in the State that they had when the infringement occurred.

b) confirmation of the sentence.

c) total or partial Revocation of the sentence, clearing, decreasing or increasing the penalty when legally proceed.

8) Against the judgment of the Court of Corts don't fit other resources that review and audience of the condemned in URrebel.lia.

Chapter III. The resource of Plea.

Article 228 the plea against the aunt dictates by the Court of Corts, must stand within the 15 days following the notification. The Court will give to public prosecutor's Office and to the other parts, which may claimed what they believe appropriate in the period of fifteen days, after which the Court will solve.

Chapter IV. General Rule.

Article 229 the writings of interposition of duly substantiated will be signed by the lawyer and shall be accompanied by a number of copies equal to the parts in the process.

Title 9 enforcement of sentences chapter i. General provisions.

Article 230 All processed acquitted by the judgment will be placed immediately in the wild, unless you were deprived of liberty by reason of another cause.

Article 231 the enforcement of the sentences in trials for criminal contravencions relapse corresponds to the Mayor; for minor offences, the judge of Minor Crimes and aged, to the Court of Corts; However these last two jurisdictional bodies may commissioned the Mayor because the run in its entirety or in part.

In accordance with article 232 of the penalty of expulsion of a foreigner, the inmate will be delivered to the Director of the service of order for the take effect.

Article 233 the incidents relating to the execution of the judgments of Magistrates will be resolved by the procedures of Appeal appeal by the judge of Minor Crimes and all of this, by the Court of Corts.

Chapter II. The execution of custodial sentences Article 234 in the case of disqualification of freedom of a duration of more than three months, will adopt the necessary measures for the appropriate criminal sentenced in France to enter Spain or, at your choice. The option of the condemned will be short.

Exceptionally, the Court may arrange the fulfilment of the penalty in Andorra.

In accordance with article 235 in Andorra of custodial sentences, will adjust to the rules of the Prison Regulations.

Article 236 1) in the case of disqualification of freedom over a complete month in Andorra, the Court may ex officio or at the request of the Director of the detention Centre and of the public prosecutor, agreed to a sentence reduction for good behavior and collaboration of taken to the activities of the Centre. This reduction may not be greater than 5 days per month in prison and will have to be agreed on the penalty period is no longer fulfilled.

2) the Court may withdraw completely or partially, ex officio or at the request of the Director of the detention Centre or of the public prosecutor the reduction agreed in the case of infringement of doomed regulation inside the prison or in case of bad behavior.

3) will not fit any appeal against the decisions rendered in this matter.

Article 237 the Batlles jointly or separately, will visit at least twice a month the detention Centre, in order to learn everything that refers to the situation of detainees and prisoners and will adopt the necessary measures to correct any deficiency or abuse that they have observed.

With the same purpose, the Attorney General will have to do it once every three months and can do so as long as you believe necessary.

Article 238 of the Director of the detention Centre will be sent daily to the Attorney General a list of people interned in the Centre and the high and low produced.

Article 239 of the sentenced to arrests may not include either absence from his home during the period fixed by the courts.

The courts can take control at any time the presence of the condemned at home.

In accordance with article 240 of the weekend arrests can be made, according to this decided by the Court, in the detention Centre or in establishments equipped for the purpose.


The courts laid down in the special conditions of execution and schedules.

Chapter III. Of the sentence Determines Simple.

Article 241 the courts will be able to apply the benefit of conditional sentencing the convicted who have delinquit for the first time which is not imposed upon penalty of imprisonment exceeding two years.

In the event of a subsequent conviction for crime within a period of 6 years, the competent Court will be able to agree on the total or partial revocation of the benefit.

Chapter IV. Of the Conditional Sentence qualified.

Article 242 of the Courts will be able to condition the execution of sentences with exclusion of the pecuniary type to the fulfilment by the sentenced of one or several of the following obligations: 1) Compensation according to the means available, the victim of the crime.

2) regular Pay allotment.

3) track a particular medical treatment.

4) total or partial Abstention of driving vehicles.

5) Abstention from attending certain public places.

6) Abstention to enter in relation to people specifically determined.

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

8) Abstention from the home during certain hours.

9) periodic Presentation to the Police Service.

10) Justification of regular employment.

11) carrying out work of public interest, subject to the agreement of the condemned. The Court shall set the terms of fulfilment of the obligations mentioned above.

Article 243 the benefit provisions of the previous article shall not be applicable to sentenced to custodial penalties over two years and to people who have been declared URrebel.lia.

Article 244 the Court shall set the period of suspension which may not exceed four years in accordance with the circumstances of fact, the extension of the penalty imposed and the personal circumstances of the condemned. In the absence of express indication, the suspension period will be four years.

Article 245 the Court that will be imposed the penalty will check, directly or through the intermediary of the services of police, that the sentenced respects or the conditions imposed for its reform or to indemnify the victim;

the Court may also delegate the Mayor for this purpose.

Article 246 the Court, ex officio or at the request of a party, will be able to modify the obligations imposed or may reduce the period during which will be applicable, subject to a written report of the public prosecutor, the defence and, if applicable, of the injured party.

Article 247 of the inmate who is subject to suspension will not be able to transfer his residence without putting it in the knowledge of the Court; If it does, it will be without effect the suspension and will comply with the ruling.

Article 248 In the event of a finding of a violation to an obligation imposed by the sentence, you give knowledge to the public prosecutor may request the total or partial revocation of the Court suspension of the sentence;

the Court resolved, ears the parties, by summons.

Article 249 before passing the term of duration of the conditional sentence, the accused was convicted by a Court of another Andorran penalty of deprivation of liberty, by reason of an offence committed after the date of the suspension of the sentence, the Court may order that is executed in whole or in part the resolution.

If you fulfill the term of suspension without being sentenced again, but then for a fact punishable made within this period, the Court may adopt the same resolution.

Article 250 the Declaration of the suspension of the sentence when it is not in the sentence, you can arrange for means of summons in which expressed fonamentadament the existing reasons for decreed it.

Chapter v. Of the parole.

Article 251 The condemned who have completed at least two-thirds of the penalty, which has observed a good conduct in prison and the reintegration of which seems assured, you will be placed on probation for a period equal to the duration of the penalty that is to comply.

Article 252 The parole decision belongs to the courts after having oït the opinion of the public prosecutor and the Director of the Prison Establishment.

Article 253 When the sentenced complies with the penalty in a foreign prison, the decision to grant him probation may also be taken by the competent authorities of the country where the prior approval of the competent Court of Andorra prison.

Article 254 the Court granted probation shall determine the conditions and the modalities of implementation of this measure.

Article 255 If the condemned in a situation of probation does not observe good conduct or does not respect the conditions that have been imposed, the competent Court may prescribe their reempresonament during the time that we lack still to meet.

Chapter VI. The Semi-Freedom.

Article 256 of the semi-freedom allows prisoners out of the detention centre and without continuous monitoring during the day, to work as wage earners is by their own account, to follow a medical treatment or courses of studies or, with their agreement, to carry out the work of public interest.

Article 257 prisoners beneficiaries of this situation have to reintegrate each day in the detention Centre after work or activity that justifies the freedom and staying in the detention centre are holidays or days during which this activity can be carried out.

Article 258 the courts will be able to agree on the liberty at the time of dictating sentence when the firm imposed prison term is less than or equal to three months or when, taking into account the temporary prison, the carry the penalty of prison firm, is less than or equal to three months.

Article 259, the interested party will have to bring proof of the work or activity that seeks to exercise and also a justification of the time held that allow control of your situation.

Article 260 shall be excluded from the benefit of the freedom the condemned who have been the subject of expulsion.

Article 261 the Director of the detention Center, under the supervision of the judicial authority, will monitor the operation of the freedom.

Article 262 any breach to the regime of the freedom, must be shown immediately by the Director of the detention Centre at the competent Court.

Article 263 the Mayor on duty may, in case of urgency and for justified cause, immediately interrupt the freedom informant the corresponding Court.

Chapter VII. Exit permit.

Article 264 Exceptionally and for very serious family reasons, the


The courts may, subject to a report of the public prosecutor and the Director of the Detention Center, agreed to taken by a penalty less than six months, or when the hauling of the penalty is less than six months, a 48-hour trip, with surveillance if necessary.

Chapter VIII. Enforcement of fines.

Article 265 the payment of the fine shall be made within a period of 15 days from notification of the judgment following the. When the sentenced has no resources, the Court may authorize him to make the payment in installments that will be fixed bearing in mind the situation of the reu.

Article 266 in the event of non-payment of the fine, the Court shall proceed by way of apremi.

Chapter IX. Liability fixation.

Article 267 The determination of civil responsibility in the period of execution of judgment will be adjusted to the following procedures: a) the Court shall require, where appropriate, the parties because, in that note, provide evidence that proper love.

b) the Court will give to the parties of the proceedings for a period of 8 days, which will have 30 days to make the allegations.

c) after this last term the Court agreed.

The Tenth Title.

Of the pardon.

Chapter I. General Provision.

Article 268 requests of pardon, formalised by duplicate, will have to go to Excms. Messrs. Co-princes and submitted to the Secretary of the Court of Corts.

The Court will have to pass a report to the public prosecutor's Office and evacuated this procedure the Court shall draw up its report. Both reports will be made also to duplicate.

The proceedings will be sent to Excms. The co-princes for mediation of the respective Vegueria.

The resolution that the top will be notified by the Court.

Title Eleventh special procedures Chapter and the procedure for crimes of Recklessness in Traffic Accidents.

Article 269 the Mayor, when the nature of the accident required and whenever you can, will move to the site of the accident and will proceed to practice the steps of instruction.

Verify the identity of the people involved, of the victims and of witnesses and to receive the statements;

will examine the vehicles and documents relating to their property and insurance; listen to the doctor's conclusions regarding the nature of the injuries and the mental state of drivers and reconstituirà the crash with the aid of sketches and photographs.

Article 270 the Mayor may agree: a) the arrest or imprisonment of suspected case or their freedom with security deposit.

b) the performance of the vehicles and driving permits and certificate.

c) That does not practice the autopsy when it can be determined the cause of death for simple review.

d) That will give proper assistance to the wounded, stating the place of hospitalization.

e) pecuniary liability insurance and the allocation of a provisional Board to attend to the victim and the people in charge.

Article 271 of the accused in the crimes of circulation of motor vehicles may, subject to authorization from the Mayor, absence of the Principality, even in case of being foreigners, provided that they are guaranteed supply pecuniary responsibilities arising from the fact that designate person or entity with its registered office in the territory of the valleys, in order to receive notifications, quotes and locations.

Chapter II. Of the URRebel.lia or determination however of processing.

Article 272 hearing of the public prosecutor's Office, will be declared a rebel: 1st) processing that, as quoted in a legal way, it does not appear in the Court's presence.

2nd) the escàpol from the jail where they were imprisoned.

3rd) one who, being on parole, leave to attend to the judicial presence the day pointed out.

Article 273 of the inculpado credit shall not necessarily the contents nor the trial before courts regularly summoned and gathered, which will be able to follow the procedure in URrebel.lia except when there is an absolute impossibility of submitting to it.

Article 274 the quotes to appear at the hearing of the Court, when the inculpado credit domiciled known will be made in the way the Chapter II of the Seventh Title, under comminació which, by not doing so, it will be judged in URrebel.lia.

In the case of ignored parador, published an edict with the comminació that has the above paragraph and, if it is not present the inculpado credit, may be judged in URrebel.lia.

Chapter III. Of extradition.

Article 275 The Court of Corts, oït the public prosecutor, may propose to the Co-princes that requests extradition of criminals: 1. Of the andorrans, having delinquit in the territory of the valleys, have been made escàpols or are abroad.

2. The Andorran people that have foreign attack against the institutions of the valleys or have committed any of the crimes referred to in article 2 of this code and remain abroad.

3. Aliens who, having to be judged in the valleys, had taken refuge in a country that is not his.

Chapter IV. Appeal hearing of Convicted in URRebel.lia.

Article 276 the judgment handed down in URrebel.lia of the condemned can be traveled in his instance, provided that the attendance of the following requirements: 1. That is presented or to be had.

2. That the appeal stands within the 15 days following the personal delivery of the copy of the judgment.

In any case, it will instruct the rebel of the right to this resource.

Article 277 the resource may also be promoted by the spouse or relatives up to the second degree of the convicted, within the period of two months from the date of the death of the condemned in URrebel.lia;

You can also lodge an appeal to the public prosecutor or the Court ex officio.

Article 278 the appeal will be processed in accordance with the provisions of the second paragraph of article 283.

279 article the sentence handed down in URrebel.lia will run as will not resolve the appeal hearing. However the Court in May agreed the total or partial suspension due to the circumstances.

Article 280 the sentence at the top that will confirm or modify the above in everything that affects exclusively at the Court in URrebel.lia.

Article 281 in the event that the crossing was not present at the ceremony of the oral trial, be suspended and the judgment under appeal will be firm without subsequent appeal hearing.

Chapter v. the trial review.

Article 282 firm judgments handed down by the courts may be appealed for review in the following cases: 1. When the sentence was based on a document or testimony declared false later also for a firm judgment.

2. When the judgment is contradictory with another firm judgement handed down by the same self-determination, which


can only be its author a single person.

3. When, subsequent to the decision, it comes to the knowledge of any fact that test in a manner undisputed the innocence of the condemned.

Article 283 in the previous article, the trial of review may be promoted by the convicted, your spouse or relatives up to the second degree, and also by the public prosecutor or by the Court.

The request for review will be passed to the Attorney General and, with this report, the Court will decide the origin or inadmissibility of the trial. If so, will point to the celebration of the oral judgment requiring the parties to propose and provide the evidence deemed appropriate.

In the case of filing the inadmissibility of the review proceedings will be archived.

Title Xii of the Criminal Record and registration. purpose.

Article 284 the object of the Criminal Record is the fact the sentences pronounced by the Court of Corts and by the Court of Minor Offences and the declarations of URrebel.lia dictated by the same courts or by the Magistrates.

Article 285 the registry will continue to be led by the Secretary of the Court of Corts.

Chapter II. Books of the register.

Article 286 the registry will understand two books titled "the book of Criminal Convictions" and "Processed book in URRebel.lia".

Article 287 in the book of Criminal Convictions are recorded resolutions damning dictated by the courts, and shall contain, for each annotation, the name and surname of the condemned, the date and place of birth, nationality, the names of the father and of the mother, the date of the judgment was pronounced, the penalties imposed and the issue of the cause.

The annotations will be formalised at the sight of the respective statements and will be signed by the Secretary of the Tribunal.

May not be the subject of resolutions annotation of the courts in the area of jurisdiction of minors.

Article 288 In the Processed book in URRebel.lia, we recorded the people who are in that situation, and it will appear on each annotation, whenever possible, the same identity information expressed in the previous article, and also the date of the summons of processing, the date of the resolution in which they declare the URrebel.lia and the number of the table of contents or the cause.

The annotations will be formalised at the sight of the papers taken by the Magistrates or Instructors of the appropriate resolutions of the Court, and shall be signed by the Secretary.

Article 289 of the books of the record will be sealed with foliate and the Court of Corts and go one with a stagecoach signed by the Secretary with the approval of the President of the Tribunal. The closing of the books will be done also with these latest formalities.

Chapter III. Cancellation of the background.

Article 290 shall be cancellation of the book of Criminal Convictions involved: A) The entries relating to the death of the people who have been accredited.

B) relating to persons who have reached the age of 80 years.

C) those of the convicted who have obtained sentence of absolution after having brought the resources of audiences of convicted in URrebel.lia or the review.

D) The issued rulings that have been without effect by reason of an amnesty granted by the Co-princes.

E) which are subject to special resolution of rehabilitation.

Article 291 the pardon does not constitute due to total or partial cancellation of the criminal.

Article 292 application of rehabilitation will be led by the interested party or person who represents the Court of Corts. The Court, after doing the appropriate checks and oït the public prosecutor, will dictate the appropriate resolution. In the case of access to the application, the Court ordered the practice of the cancellation.

Article 293 The cancellation will produce the annulment of the antecedent to that affect. However, the settlement URcancel.lat of the book of Criminal Convictions will revive automatically, saving the opposite statement, if the person concerned is condemned again for the same Court the resolution which led to the annotation or cancelled by the High Court.

Article 294 of the cancellation of the background of the book of Criminal Convictions will be carried out in accordance with the corresponding legal decision. Exceptionally, when the cancellation has to cause some of those included in paragraphs A) or B) of article 290, be made directly by the Secretary.

Article 295 of the background of the book of the Processed in URRebel.lia will be cancelled. installed on the merits of the relevant judgments.

Article 296 of the cancellations will be carried out, wherever possible, in addition to the annotation of respective background, with red ink and will express the cause.

Will be signed by the Secretary of the Court of Corts.

Chapter IV. Publicity of the register.

Article 297 of the Criminal Record advertising may only be made by means of certificates or of communications addressed to the courts or to the Batllies in accordance with the following articles.

Article 298 certifications can be positive or negative. The first published history, the latter are limited to ascertain that the person concerned does not have a history.

Positive certifications may only be delivered at the request of the interested party or person authorised by it, and shall include all the background not canceled it and refer in any of the books of the register. Exceptionally, as long as they are not delivered at the request of a judicial organ, does not understand the background issued a ruling in which the Judge or the Court has expressly agreed, and motivated, this restriction of advertising.

When you ask for by unauthorized person a certificate that would be positive, the Mayor will be limited to indicate that the certification can only be given to the person concerned or a person expressly authorized by it.

The negative certifications may be requested and obtained by anyone.

Article 299 certificates can be delivered by any of the Mayors prior review of books on the part of the person certifying.

The Secretary of the Court of Corts, communicate, or certificarà will appear in the causes, at the request of the courts or Magistrates, any annotation of the books of the register.

Article 300 criminal record certificates expire within a period of three months from the date of their issue.

Chapter v. Rectification of the register.

Article 301 Any erroneous mention appears in the settlements of the books of the register of criminal records, may be rectified ex officio or at the request of a party for resolution


of the Court of Corts, previously oït the public prosecutor's Office. Merely formal defects can be corrected directly by the Secretary.

The 13th title Of jurisdiction Under Chapter Only.

Article 302 the jurisdiction of minor offenders will be adopted by the Court of Corts while does not create the corresponding specialized court.

Article 303 When the seriousness or the minor significance of the crime, the Court shall advise of Parliament will be able to spend the performances at the Court of Minor Offences or in the Court of Batlles, because in accordance with the preceptua in the following articles, dictate the most appropriate resolution.

Article 304 The competent Court will not be bound to follow the procedural rules established by this code, but that, informally, without advertising, behind closed doors, and without any formality or intervention of Attorney or lawyer, will hear the minor, practice tests and agreeing the reductive measures, corrective or protect, taking more into account the personality collective intellect. psychological and social, of less than the crime committed.

305 article When they have to make statements on civil liability, the Court then will hear the public prosecutor's Office and the parties involved who may appear and propose relevant tests of assisted Attorneys.

Article 306 of the agreement of the Court regarding the civil liability, will be tour with appeal in front of the Criminal Court immediately superior or plea in front of the Court of Corts.

Unica Transitional Provision.

The present Decree shall apply in all criminal proceedings in process regardless of the State litigation in which they are.

Unica Final Provision.

The present Decree derogates the Decree of 18 January 1984 and any rule that he opposed, and will come into force on the first day of March one thousand nine hundred and eighty-nine.

Andorra la Vella, sixteen of February nineteen hundred eighty-nine.

The Bishop Francis Louis Deblé Bay The French Veguer Veguer