ANDORRA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
Current Criminal SOL
Crimes |
Custodial Sentence |
SOL *1
|
|
Sexual assault using violence/intimidation *2 Non-penetrative sexual act AND using violence/intimidation |
3 months up to 3 years |
10 years — Tolling (suspension) of SOL*3 The criminal SOL is suspended until victim reaches age of majority |
|
Rape with violence/ intimidation *4 Oral, anal, vaginal penetration, including object, other parts of the body AND using violence/ intimidation |
3 years up to 10 years custodial sentence |
30 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Aggravated rape/ sexual assault *5 Crimes described in Art 144 and 145 and aggravating circumstances: 2 or more perpetrators; child < 14 yo; degrading attack; threatening life/ physical integrity victim; family member |
Aggravated – Art. 144: 2 up to 7 years Aggravated – Art. 145. 6 up to 15 years |
Aggravated – Art. 144: 10 years. Aggravated – Art. 145: 30 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Statutory sexual assault *6 Non-penetration sexual act AND victim child < 14yo |
3 months up to 3 years |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Statutory rape *7 Oral, anal, vaginal penetration, including objects, other members AND victim child < 14yo. |
3 up to 10 years |
30 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Aggravated statutory sexual assault/ rape *8 Crimes art 147.1 and 2 And.Crim.Code AND aggravating circumstances: family member, especially vulnerable victim due to age, illness or personal circumstances. |
Aggravated statutory sexual assault: 2 up to 7 years. Aggravated statutory rape: 6 up to 15 years. |
Aggravated statutory sexual assault: 10 years Aggravated statutory rape: 30 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Sexual abuse of teenager using abuse of position of superiority *9 Non-penetration sexual act AND victim child >14yo but < 18yo AND abuse of position of superiority |
3 months up to 3 years |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Rape of a teenager using abuse of position of superiority *10 Oral, anal, vaginal penetration, including objects, other members AND victim child >14yo but < 18yo AND abuse of position of superiority |
2 years up to 6 years |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Favouring Child commercial sex exploitation (CCSE) Promoting, favouring, facilitating CCSE AND victim child < 18yo |
2 up to 5 years |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Aggravated procurement of child commercial sex exploitation *12 Promoting CCSE AND using violence/ intimidation/ deception exploiting superiority/ victim’s needy state. AND child < 18yo |
3 up to 10 years |
30 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
User of child commercial sex exploitation (CCSE) *13 User of child commercial sex exploitation. |
1 up to 5 years custodial sentence |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Producing/ distributing Child sex abuse material (CSAM) *14 Capturing images of a child with the intention to produce pornographic material. OR Producing, selling, distributing, disseminating, displaying by any means child sex abuse material |
Up to 1-year custodial sentence. OR 1 up to 4 years custodial sentence |
4 years OR 10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Possession child sex abuse material *15 Possession CSAM with the intent of selling/ distributing it.
|
Up to 2 years custodial sentence |
4 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Sexual Exhibitionism *16 Sexual exhibitionism acts committed directly or forcing third party AND in front of child < 18yo |
3 months up to 3 years |
10 years — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
|
Distributing pornography to children *17 Basic type: Selling, disseminating, displaying pornography to children. Aggravated type: Selling, disseminating, displaying CSAM to children. |
Basic type: Up to 1 year custodial sentence Aggravated type: 1 up to 4 years |
Basic type: 4 years Aggravated type: 10 — Tolling (suspension) of SOL The criminal SOL is suspended until victim reaches age of majority |
Summary: There is a statute of limitations for all crimes. The statute of limitations varies
from 4 to 30 years depending on the crime and the aggravating circumstances.
*1 Art 81 And. Crim. Code
*2 Art 144 And. Crim. Code
*3 Art 82 And. Crim. Code
*4 Art 145 And.Crim. Code
*5 Art 146 And.Crim. Code
*6 Art 147.1 And.Crim. Code
*7 Art 147.2 And.Crim. Code
*8 Art 147.3 And.Crim. Code
*9 Art 148.1 And.Crim. Code
*10 Art 148.2 And.Crim. Code
*11 Art 151.2 And.Crim. Code
*12 Art 152.2 And.Crim. Code
*13 Art 154 And.Crim. Code
*14 Art 155.1 and 2 And.Crim. Code
*15 Art 155.4 And.Crim. Code
*16 Art 156 And.Crim. Code
*17 Art 157 And.Crim. Code
CRIMINAL SOL HISTORY
Age Cap |
|
By 2005 |
In February 2005 Andorra enacted Law 9/2005, the new Criminal Code. Article 82 of the new Criminal Code established that in sexual assaults and crimes against minors, from when the victim turns 18 years of age or after his death if he has not reached the age of majority. In the previous Criminal Code from 1990 there was no special criminal statute of limitations rule for sex crimes against children. |
*Concordat: N/A
Current Andorran criminal law:
Article 81
The limitation period of the criminal action.
The limitation period of the criminal action extinguishes the criminal responsibility of the
accused after the following terms:
Thirty years for crimes that have been assigned a penalty of the maximum limit of which is ten
years or older.
Ten years for the other major crimes.
Four years for minor crimes (penalty up to 2 years of custodial sentence).
Six months for the crimes of slander, insult and defamation and for fines.
The criminal action for the prosecution of genocide and crimes against humanity does not
prescribed in no case.
Article 82
Computation of the statute of limitations
The limitation period begins to count from the day it ceases the punishable action or omission.
However, in consummated crimes, the calculation is verified from the moment the result is
obtained, and in sexual assaults and crimes against minors, from when the victim turns 18 years
of age or after his death if he has not reached the age of majority In case of continued
infringement, the term is calculated from the day on which it was committed the last offense.