Criminal Procedure Code at Andorra
Andorra's criminal procedure is governed by a combination of the Criminal Code and the Criminal Procedure Code, which together establish the legal framework for criminal justice in the Principality.
Criminal Code (Llei 9/2005, 21 February)
The Criminal Code outlines the substantive criminal law in Andorra, detailing offenses and penalties. It is organized into two main books:
Book I: General provisions covering criminal liability, including principles of culpability and the application of penalties. (Act No. 9 of 21 February 2005 laying down the criminal code (official consolidated text). | UNEP Law and Environment Assistance Platform)
Book II: Specific offenses, such as crimes against public health, the environment, and wildlife species. It also includes special rules on forest fires. (Act No. 9 of 21 February 2005 laying down the criminal code (official consolidated text). | UNEP Law and Environment Assistance Platform)
Notably, the Criminal Code has been amended to align with international standards, particularly concerning money laundering and terrorism financing. These amendments include classifications of tax crimes and the financing of illegal political parties and public organizations. (Andorra approved amendments to the Criminal Code to facilitate fight against money laundering and terrorism in accordance with international standards * All PYRENEES · France, Spain, Andorra)
Criminal Procedure Code (1989)
The Criminal Procedure Code governs the procedural aspects of criminal justice, including investigations, trials, and appeals. Key features include:
Judicial Police Functions: The judicial police are tasked with investigating crimes, gathering evidence, and executing orders from the prosecutor. They must also inform the prosecutor if they believe a crime has been committed.
Search and Seizure: Searches and seizures must be authorized by a magistrate, and certain items, such as those related to legal professions, require prior notification to the Dean of the Andorran Bar. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
Extradition: The Court of Corts may propose extradition requests to the Co-princes for Andorran nationals who have committed crimes abroad or for foreigners who have committed crimes against Andorran institutions. (Machine Translation of "Criminal Procedure Code, From 16-2-89" (Andorra))
Recent Amendments and International Compliance
In recent years, Andorra has introduced amendments to its criminal laws to enhance compliance with international standards:
Money Laundering and Terrorism Financing: Amendments to the Criminal Code have been made to facilitate the fight against money laundering and terrorism financing, in accordance with international standards. (Andorra approved amendments to the Criminal Code to facilitate fight against money laundering and terrorism in accordance with international standards * All PYRENEES · France, Spain, Andorra)
Police Use of Force: The use of force by the Police Corps of Andorra is governed by Law 8/2004, which stipulates that force must be necessary and proportional. Use of firearms is restricted to situations where there is a serious risk to life or physical integrity. (Law on police use of force in Andorra | The Law on Police Use of Force)
Accessing the Full Texts
For comprehensive details, the full texts of the Criminal Code and Criminal Procedure Code are available:
Criminal Code (Llei 9/2005)
Criminal Procedure Code (1989)
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