Andorra - Zentrale Behörde (Art. 2) und praktische Information
Central Authority(ies):
International Relations and Legal Cooperation Service
Ministry of Justice and Interior
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Contact details: |
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| Address: | Edifici Administratiu de l’Obac Crta. De l’Obac s/n AD700 – Escaldes-Engordany Principat d’Andorra |
| Telephone: | +376 872 080 |
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| E-mail: | cooperacio_internacional_mji@govern.ad |
| General website: | |
| Contact person: | |
| Languages spoken by staff: | Catalan, Spanish, French, English |
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Practical Information |
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| Blocking statutes: | |
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Chapter I |
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| Transmission of Letters of Requests: | Letters of Request are sent directly from a judicial authority in the requesting State or through its Central Authority to the Central Authority of the requested State. |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Judicial authority competent to execute the request. |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability. See Competent Authority. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
No declaration of applicability. |
| Translation requirements Arts 4(2) and 33): |
Accepts Letters of Request written in or translated into Catalan, Spanish and French. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Andorra has sought reimbursement of costs under Article 26. |
| Time for execution: | Between 2 and 6 months, approximately. |
| Pre-trial discovery of documents Art. 23): |
Letter of Request will not be executed (full exclusion). |
| Information about domestic rules on the taking of evidence: | |
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Witness examination under Chapter I |
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Specific questions are required. |
| Is it a public or private hearing? | Public hearing, unless a judicial decision says otherwise. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No. |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
| Are documents produced by the witness authenticated by the court? | Yes. |
| Is an oath generally administered to the witness? | Yes. |
| Can the witness be made subject to further examination and recall? | Yes, but a second request is necessary. |
| Are there sanctions for non-appearance of witness? | Yes, up to 750 euros. |
| Must interpreters who assist with the witness examination be court-certified? | No. |
| How is the testimony transcribed? | A civil servant of the Court transcribes the testimony. |
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Chapter II |
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| Article 15 | In application of the second paragraph of Article 15, diplomatic or consular agents may not carry out an investigative act without the authorisation of the central authority. |
| Article 16 | The central authority is designated as the competent authority to authorise, where appropriate: - Diplomatic or consular agents of a Contracting State to carry out, without compulsion, acts of investigation concerning persons who are not nationals of that State and relating to proceedings brought before a court of the State they represent; - persons officially appointed as commissioners for the performance without compulsion of acts of investigation relating to proceedings brought before a court of a Contracting State. See full declaration here. |
| Article 17 | The central authority is designated as the competent authority to authorise, where appropriate: - Diplomatic or consular agents of a Contracting State to carry out, without compulsion, acts of investigation concerning persons who are not nationals of that State and relating to proceedings brought before a court of the State they represent; - persons officially appointed as commissioners for the performance without compulsion of acts of investigation relating to proceedings brought before a court of a Contracting State. See full declaration here. |
| Article 18 | No declaration of applicability. |
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Taking of evidence by video-links |
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Chapter I |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
| How would a request for evidence be handled if witness not willing? | |
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Chapter II |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
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Other Information |
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| Bilateral or multilateral agreements | |
| Useful links: | https://www.interior.ad/ https://www.justicia.ad/ |
| Competent authorities (Art. 17) | See Competent authority here |
| Additional authorities (Art. 24) | |
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