Penal Procedure Code (1989) (excerpts)

Penal Procedure Code, of 16 February 1989 (excerpts)

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Article 26

To collect the necessary evidence, Police Officers, whenever necessary, must:
1. Go to the place of the infringement; prepare a full material record, making, when necessary, the
corresponding photographic or audiovisual report; assisted by persons with special competence,
called upon for the purpose; take statements from any person able to supply information; proceed to
the necessary searches with the previous signed consent of the occupant of the premises and always
with the obligation of notifying such occupant beforehand of the right to refuse.
In the case of refusal or absence of the interested party, the police need a formal search warrant from
the magistrate.
The warrant from the magistrate must specify the addresses or premises where the search is to be
made and must give the reasons why the search is to be made.
This warrant will be presented to anyone occupying the place or premises. In the absence of the
occupant the search must be carried out in the presence of a clerk of the court who shall draw up a
minute with a list of all the documents and goods appropriated.
Exceptionally and for reasons of urgency, the search may be made without the presence of the clerk
of the court, with the prior verbal authorisation of the magistrate, who must justify such authorisation
subsequently.
2. Retain all the pieces and objects referring to the infringement, in particular weapons and
instruments which have been used or were intended for its perpetration, and also everything which
seems to have been a product of the infringement or which could constitute evidence. The objects
taken must be sealed and attached to the procedural records, together with a complete inventory.
When, for their volume or other characteristics, the exhibits cannot be attached to the file, the
corresponding list must be prepared indicating where each was found and the person who was in
charge, and they must remain at the disposal of the court. The seal on all the exhibits taken can only
be broken by the magistrate or the court. Those goods which are of no interest for the case will be
destined, as soon as possible, as set out in Article 79.

Even in the case that the police have not had sufficient time to examine all the objects retained,
these must be delivered to the magistrate, unless, by the corresponding reasoned court order, the
magistrate authorises the police to examine them during a maximum of ten days, without prejudice
that the taking of expert evidence may subsequently be resolved in accordance with the provisions
in Articles 80 and following of this Code.
3. Enter an address or other premises and examine them when a delinquent being pursued is hiding
or taking refuge there, or is caught in flagrant in committing an offence. If there is a search the
formalities set out in points 1 and 2 above must be met.
4. Intercept telephone, telegraph, postal or other communications, with prior court authorisation,
under the conditions provided in the second section of Article 87.
5. Make the appropriate technical audiovisual recordings.

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Article 87

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2.
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f) No intervention can take place when dealing with a lawyer’s office or home, without the
magistrate having informed the Dean of the Andorran Bar beforehand.

Title six. Legal resolutions and other actions

Chapter I. Court resolutions, orders and judgments

Article 184

The following may not be published without the express authorisation of the court:
a) Hearings or any other procedural action.
b) The internal deliberations of the courts or personal impressions of officials of the judiciary.
In no case may there be comments on the debates, actions and decisions of the courts, except those
of a technical-legal nature. Neither may there be any comment which attacks the standing and
dignity of the courts, their members or the parties, or any other person who has taken part in the
hearing.