Law of Evidence at Andorra
In Andorra, the Law of Evidence is primarily governed by the Criminal Procedure Code of 16 February 1989 (Código de Procediment Penal), which outlines the procedures for collecting, presenting, and evaluating evidence in criminal cases. This Code is complemented by the Criminal Code of 21 February 2005 (Llei 9/2005, del 21 de febrer, qualificada del Codi penal), which defines criminal offenses and penalties. (Act No. 9 of 21 February 2005 laying down the criminal code (official consolidated text). | UNEP Law and Environment Assistance Platform)
🧾 Key Provisions of the Criminal Procedure Code
Article 26: This article grants police officers the authority to collect necessary evidence, including conducting searches, seizing objects related to the offense, and retaining items that may serve as evidence. Searches require prior consent from the occupant or a formal warrant from a magistrate. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
Article 87: Specifies that no intervention can take place in a lawyer’s office or home without prior notification to the Dean of the Andorran Bar Association. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
Article 184: Prohibits the publication of hearings or any other procedural actions without the express authorization of the court. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
⚖️ Evidence in Criminal Proceedings
Collection of Evidence: Police officers are authorized to collect necessary evidence, including conducting searches, seizing objects related to the offense, and retaining items that may serve as evidence. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
Searches and Seizures: Searches require prior consent from the occupant or a formal warrant from a magistrate. In urgent cases, a verbal authorization from the magistrate may suffice. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
Retention of Evidence: Seized objects must be sealed and attached to the procedural records, with a complete inventory. If the objects cannot be attached to the file, a list indicating their location and the person in charge must be prepared. (Penal Procedure Code of Andorra (1989) (excerpts related to Judicial and Prosecution Systems) (English) | LEGISLATIONLINE)
🌐 International Cooperation
Andorra is a party to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. This Convention facilitates the collection of evidence across borders in civil or commercial matters. Andorra acceded to the Convention on 26 April 2017, becoming the 61st Contracting State. (HCCH | The Evidence Convention enters into force for Andorra, HCCH | Andorra joins Hague Service and Evidence Conventions)
📚 Accessing Legal Texts
For detailed information on the laws governing evidence in Andorra, you can refer to the following official sources:
Criminal Procedure Code of 16 February 1989 (English translation)
Criminal Code of 21 February 2005 (English translation)
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