Criminal Code of Andorra (excerpts)

As updated in April 2022

Article 30 - Aggravating circumstances

The following circumstances aggravate the criminal responsibility:

(...)

6. Committing the act with a discriminatory motive. Discriminatory motive is the unfavorable, inferior or excluding treatment given to a person or group of people by reason of birth, nationality or lack of nationality, racial or ethnic origin, female sex or gender, religion, philosophical, political or trade union conviction or opinion, language, age, disability, sexual orientation, gender identity or expression or any other personal or social condition or circumstance.

Article 114 bis. Gender-based violence

1. Anyone who uses physical or psychological violence based on discrimination on grounds of sex or gender towards a woman simply because she is a woman and which involves or could involve physical, sexual, psychological or economic harm or suffering, as well as threats to carry them out, coercion or arbitrary deprivation of freedom, both in the private and public sphere, shall be punished with imprisonment of up to two years, without prejudice to the punishment for the harmful result if it has been caused.

2. The spouse or anyone who is or has been related to a woman by a similar personal relationship who uses violence against the woman as a manifestation of the inequality and power relations of men over women shall be punished with imprisonment of three months to three years, without prejudice to the punishment for the harmful result if it has been caused.

3. The application of this article excludes the application of the provisions of article 114.

Article 338. Discrimination

1. Anyone who commits any of the offences below with a discriminatory motive shall be punished with imprisonment for a term of three months to three years:

a) Publicly incites the commission of crimes against life, physical or psychological integrity, moral integrity, equality, freedom or sexual freedom, humanity or crimes of harm or genocide against a person or group of people. In the event that the crime whose commission is incited has a penalty of equal or lesser severity, the specified penalty reduction is imposed.

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