Judgment Reviews Law at Andorra
In Andorra, the legal framework for reviewing court judgments is primarily governed by the Constitution of the Principality of Andorra and the Criminal Procedure Code. The Constitution establishes the judiciary's independence and outlines the procedures for appealing judgments, while the Criminal Procedure Code provides specific grounds and procedures for requesting a review of final judgments.
Constitutional Framework
According to Article 86 of the Constitutio:
Judgments must be justified, founded in the legal system, and publicly declared.
Criminal trials are public, with procedures that are preferably oral.
Judgments may be subject to appeal, and the judgment concluding the first instance must be rendered by a judicial organ different from the one in charge of the proceedings. Article 88 further specifies that judgments, once final, have the value of res judicata and may not be modified or quashed except in cases provided for by law or when, in exceptional cases, the Constitutional Court decides that they were rendered in violation of certain fundamental right.
⚖️ Criminal Procedure Code – Grounds for Judgment Review
The Criminal Procedure Code outlines specific circumstances under which a final judgment may be reviewe:
New Evidence When a judgment is based on a document or testimony that has been later declared false by a final judgmen.
Contradictory Judgments When the judgment is contradictory to another final judgment handed down by the same cour.
New Facts When, subsequent to the decision, new facts come to light that indisputably prove the innocence of the convicted individua.The review process can be initiated by the convicted person, their spouse or relatives up to the second degree, the public prosecutor, or the court itsel. The request for review is submitted to the Attorney General, who, after reviewing the case, will decide whether to admit or reject the revie. If admitted, an oral hearing is scheduled, and the parties are required to propose and provide appropriate evidenc. If the review request is deemed inadmissible, it will be archive.
🏛️ Constitutional Court – Role in Judgment Review
The Constitutional Court serves as the supreme interpreter of the Constitution and has the authority to review judgments in exceptional cases where they are alleged to violate fundamental righs This review is conducted through a process of constitutional appeal, and the court's decisions are binding on public authorities and individuals alie
📌 Summary
In Andorra, the review of court judgments is a structured process governed by constitutional provisions and the Criminal Procedure Cd. While judgments are generally final and binding, provisions exist to ensure that they can be revisited in cases where new, compelling evidence emerges or when fundamental rights are implicae.This framework upholds the principles of justice and fairness within the Andorran legal sysem.
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