National frameworks to address hate crime in Andorra
This page provides information on the national frameworks to address hate crime in Andorra. The information provided here should be viewed alongside data presented on Andorra's hate crime report page.
Hate crime recording and data collection
The National Police Corps' (Cos de Policia) Centre for Data Processing (CDP) is the department responsible for collecting and storing hate crime data. The CDP is the body to which hate crimes are reported and which manages this data for statistical and criminal analyses.
Once preliminary legal proceedings are initiated, they are registered in the "Avantius" information system. The system allows specific bias motives to be flagged in registered discriminatory and hate speech offences. However, it does not allow crimes based on a discriminatory motive (where the aggravating circumstance of Article 30.6 of the Andorran Criminal Code applies) to be registered. There is no policy document providing guidance on hate crimes for police officers.
In addition to registering investigative proceedings in the "Avantius" information system, the Public Prosecutor's Office records the criminal proceedings registered by the court of first instance and the courts in another information system ("Lotus") in order to keep a record of investigated crimes. However, the "Lotus" recording system does not record and disaggregate offences committed with the aggravating circumstance of Article 30.6 of the Andorran Criminal Code. There is also no mechanism available to know how many times the aggravating circumstance of discrimination has been applied. At the same time, the system allows for hate crimes motivated by a gender bias to be recorded separately (Article 114 bis of the Criminal Code).
The Tribunal de Corts only collects data on convictions for crimes or aggravating circumstances. The data is not public and can only be accessed by the convicts themselves or by judicial authorities.
Each year, the Public Prosecutor's Office prepares an annual report detailing its activities and outlining its stance on the evolution of crime and its prevention. These reports provide a public record of the work of the Office and explain the institution's approach. Data on proceedings due to gender-based violence can be obtained and the status of these cases can be checked using the "Avantius" system, although resolutions issued in such cases can be accessed only once they have been signed by the judicial authority.
Hate crime victim support
Andorra's Secretariat of State for Equality and Citizen Participation runs an interdisciplinary Equality Service made up of a social care technician, a psychologist and a jurist. The Service conducts awareness campaigns, implements training courses, and develops guides and protocols towards the implementation of Law 13/2019 on equal treatment and non-discrimination and Law 6/2022 on equality between women and men. It also provides comprehensive support to persons who have suffered any type of discrimination, including social, psychological and legal assistance.
To actively participate in the proceedings and submit written documents, potential hate crime victims must have the status of either a private prosecutor or a civil actor. Typically, hate crime victims hold the status of an injured party, and as such have the right to submit statements during the investigation and in the oral hearing.
Hate crime capacity-building
The Superior Council of Justice periodically proposes hate crime training courses aimed at prosecutors, mayors and magistrates, while court clerks are also allowed to attend. Course participants are awarded a specific number of credits that count towards a mandatory total that must be gained in order to obtain a higher degree of judicial career. These courses tend to be 1-2 days or 3-7 hours in length.
Judges and prosecutors can also participate in internationally organized courses. One such course is offered each year by Spain's General Council of the Judiciary (Consejo General del Poder Judicial) and France's National School for the Judiciary (École Nationale de la Magistrature). These courses last from one to four days. Prosecutors can also follow training courses organized within the framework of the professional networks of the Ibero-American Association of Public Ministries (AIAMP).