Penal ordinances in Andorra: Pros and cons in serious cases

Andorra has adopted the Criminal Ordinances as a tool to deal with court cases quickly, but when it comes to more serious matters, the advantages and disadvantages of this system stand out more clearly.

Advantages :

1. Speed of Justice: Criminal Ordinances stand out for their agility, offering faster responses compared to traditional judicial procedures. This eases the burden on the judicial system and provides a more immediate response to victims and defendants.

2. Efficiency and burden reduction: Fast-track procedures can reduce judicial congestion, allowing for more efficient management of legal resources and a more agile response to a wider range of cases.

Disadvantages :

1. Possible sacrifice of fundamental rights: In serious cases, speed can lead to a decrease in the guarantee of fundamental rights. The rush to resolve can affect the quality of the defense and procedural guarantees.

2. Complexity of neglected cases: The simplicity of the Criminal Ordinances can be a disadvantage in more complex cases. The lack of time for a thorough investigation can lead to superficial judgments and potentially unfair decisions.

3. Less room for mediation: In serious cases, mediation and dialogue may be sacrificed for the need for a quick resolution. This can limit opportunities to find consensual solutions.

In summary, the Criminal Ordinances in Andorra offer a flexible solution, but pose challenges when dealing with more serious cases. The key lies in finding a balance between the desired speed and the guarantee of fundamental rights to ensure complete and equitable justice.

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Isabel Badia Nicolas

lawyer