Law 22 March 2016 38 - 30 November 2000 Changes At Law 114 E Next Changes - Law On Citizenship

Original Language Title: Legge 22 Marzo 2016 N.38 - Modifiche Alla Legge 30 Novembre 2000 N.114 E Successive Modifiche – Legge Sulla Cittadinanza

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We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on March 21, 2016:

LAW 22 March 2016 38


1 (Amendments to Article 2 of Law 114 of 30 November 2000 as amended)

1. Article 2 of the n.114 / 2000 law and subsequent amendments is replaced by:

"Art. 2
(Della citizenship by naturalization)

1. They can become naturalized citizens of San Marino foreign nationals or stateless persons as a result
to the procedure laid down in Article 2b, based on the following criteria:
a) be registered in the population registers resident at the time of application and be at
that date, actually resident in Italy;
B) actually have lived for at least twenty-five consecutive years in the territory of the Republic
, meaning dwelling exclusively periods of possession of the residence registry
and allowed ordinary residence; the attestation of the dwelling is released
exclusively and strictly by the relevant government offices. The actual residence period is reduced to fifteen years
1) to adopt a citizen of San Marino in the institute strength dell'adoptio semiplena
provided by common law;
2) for a citizen spouse / a San Marino, if no time is pending or defined
of marital separation or invalidity proceedings or dissolution or termination of the civil effects of marriage
. It has access to naturalization in the previous period also
the San Marino national spouse died before reaching the
number of years of residence required in order to submit the application for naturalization;
C) not to have been, in the Republic or abroad, with final judgment, condemning the
penalty of imprisonment or interdiction from public office more than one year for non-culpable crime
D) have pending charges in the Republic or abroad, for premeditated crime which includes the
penalty prescribed by law in the terms referred to in subparagraph c);
E) not have received judicial notice, in the Republic or abroad, or equivalent communication
for premeditated crime which includes the statutory penalty in the terms referred to in subparagraph c);
F) renounce any other citizenship held;
G) the oath of allegiance to the Republic forward to the Captains Regent and the Secretary of State for Internal Affairs
2. May require the original nature of the San Marino citizenship those who
become naturalized citizens of San Marino if the mother's children born to San Marino origin
has or has not received the law on reinstatement and reinstatement in citizenship. To this end
it applies the procedure laid down in Article 2b, paragraph 15. ".

Art. 2
(Additional Items Article 2 of Law 114 of 30 November 2000 as amended)

1. After Article 2 of the Law n.114 / 2000 and subsequent amendments, the following items are added

"Art. 2a
(Effects on minor children)

1. The effects of naturalization automatically extend to children the parent's children
nation which submitted the application provided that they are residents at the date application.
2. Paragraph 1 shall also apply to the minor whose parent, who would have been entitled to naturalization
having the requirements of the letters b) and c) of Article 2, paragraph 1, has died
before the submission of the application, provided that person lived in Republic
at the date of death. 3
. The application for naturalization to minors referred to in this Article shall be submitted by those who
exercising parental authority or by the guardian or by the special prosecutor appointed by
Law Commissioner as probate judge. They pay, on behalf of minors, the
oath referred to in Article 2, paragraph 1, letter g).

Art. 2b
(Procedure for the acquisition of citizenship by naturalization)

1. The application and certificates referred to in paragraph 3 shall be deposited with the Office of Civil Status,
Demographic Services and Electoral, hereinafter referred to as "Office of Civil Status", which will issue a receipt
2. On pain of inadmissibility the application shall contain, in addition to the provisions of paragraph 3, the

Accurate and complete data of the applicant and possibly also of children who are required to extend
naturalization and declaration of wanting to give up the original nationality
also on behalf of the child, except in cases provided for in paragraph 12. to the question, always worth
inadmissibility, accompanied by the proof of payment of the right to the office. 3
. The application must include a statement of the requirements under which the person concerned requires
citizenship by naturalization and shall include certificates which prove
subsistence, as provided by regulations of the State Congress.
4. Within ten days of receipt of the application the Registrar of Civil Status
requires the Commander of the Gendarmerie reference expressed in written form, to be sent within
thirty days, for the purpose of the assessment referred to in paragraph 5; reached this opinion at the officer
Civil State shall transmit the application and related documentation to the College referred to in paragraph 5.
5. The application shall be examined by a panel composed of a Law Commissioner indicated
by Executive Magistrate of the Court, by the officer of the Registrar, the Office Manager
Institutional Secretariat and the Commander of the Gendarmerie; the college assesses the presence
requirements of Article 2, paragraph 1, letters a), b), c), d) and e) and assesses the existence of reasons of public order and security that
preclude the granting of citizenship.
6. Following the examination referred to in paragraph 5 of the College notice of assessment, either positive or negative
, which is also communicated to the person for the purposes of proceedings under the Act 28 June 1989 68
. The positive finding documents shall be transmitted to the Office Secretariat
Institutional meet its requirements.
7. The Great and General Council grants citizenship by naturalization with
own resolution taken by acknowledgment of the acts of establishment referred to in paragraph 6
usually within months of February and September each year. The resolution referred to in this paragraph
constitutes grounds for dismissal of the legal proceedings pending to ascertain the
8. The Office of Institutional Secretariat, in view of the board meeting of adopting
resolution referred to in paragraph 7, form a special list of naturalization applications that are
been the subject of a positive assessment by the college, examined until the day
preceding the date of the Office of the Presidency session scheduled for board sessions normally
in February and September of each year.
9. The decision of granting of citizenship by naturalization adopted by
Great and General Council shall be forwarded by the Secretariat Institutional Office Civil Status and
each person concerned with the provision of the oath of allegiance to the Republic prescribed by
Phonebook XL of Book V of the Leges Statutae.
10. Once the oath referred to in paragraph 9, the Officer of Civil State shall as soon
to account for each interested in the records of citizenship, by giving notice to the competent authority foreign
11. Within a period of one year from the oath or, for minors referred to in Article 2a, by
coming of age must be formalized in a definitive way the loss of other
held citizenships.
12. If the country of origin does not allow legislation to renounce citizenship,
lack of formalization of the loss of other nationalities held by the individual
can be compensated, within the period referred to in paragraph 11, with appropriate certification
the competent authority of the country of origin stating the impossibility of renunciation. If the country of origin
not even allow to present the application to withdraw citizenship, the applicant must
release its affidavit to that effect in writing under his civil and criminal liability
. The obligations referred to in this paragraph may also be made by the person
at the time of submission of the application referred to in paragraph 1.
13. The Officer of the Civil State shall as soon as possible to be recorded in the registers of citizenship
the successful transmission of renunciation of citizenship or citizenships held.
14. The Officer of the Civil State shall concerned removed from the records of
citizenship if, within a deadline of one year from the oath or since the age
of age, is not conclusively formalized the loss of other
citizenships held, except as provided in paragraph 12.

15. In the case referred to in Article 2, paragraph 2, the person concerned is not obliged to fulfill the
oath referred to in paragraph 9 and the fulfillment of paragraph 11. In this case the
application shall be submitted to the Office Civil State, carried out appropriate investigations, proceeds
without further formalities to records the change in the nature of citizenship of the person concerned
on relevant acts of Civil Status and of acts of the descendants who so
request, according to the rules and principles relating to citizenship. The presentation of the aforementioned question
suspends the deadline for the taking of the oath and the fulfillment of which the
paragraph 11 until the outcome of the investigations related to the original nature; where the investigation
problem persists the naturalized citizen shall, within one year of communication negative
the assessment, the completion of the required formalities. ".

Art. 3
(Integration Article 9 of the 114/2000 Act, as amended)

1. After Article 9, third paragraph, of the Law n.114 / 2000, as amended, has added the following paragraph
"The cancellation of the citizenship registers as a result of conviction for cases referred to | || first and third subparagraph shall be made by the Registrar Civil State immediately after the passage
judicata of the criminal sentence that has conviction. The criminal court is required to notifications
and the necessary communications for the purposes of the obligations referred to in this paragraph from
Officer of the Civil State. ".

Art. 4
(Implementing provisions)

1. With state of the Congress Regulation are identified, in particular:
a) the competent public offices to certify the residence;
B) the content of the application for obtaining citizenship by naturalization and certificates to be produced
Administration to prove that Messrs
to the applicant of the requirements established by law;
C) the amount of the right to the office that the person concerned is required to pay to the Office registry and
Conservatory for the submission of the application for obtaining citizenship by naturalization

Art. 5
(Transitional Provisions)

1. For the purposes of the maturation of the requirement laid down in Article 2, paragraph 1, letter b) of Law No.
. 114/2000 as replaced by the present law, for dwelling is understood to
period of possession with the previously allowed special continuous permit issued under
legislation then in force.
2 Exclusively limited to the current year, and notwithstanding the provisions of article 2 ter, paragraph 8, of the Law
n.114 / 2000, as amended, is scheduled one session of the Council Great and
General, to be held within the month of September, for the deliberation of acknowledgment of
positive findings of granting of citizenship by naturalization. In extraordinary session on the
Electoral Commission it is authorized to make a possible general revision of electoral lists by the year 2016.

Art. 6

1. They are repealed all provisions inconsistent with this Law.

Art. 7
(Entry into force)

1. This Law shall enter into force on the thirtieth day following that of its legal publication

Our Residence, this day of March 22 2016/1715 dFR

Lorella Stefanelli - Nicola Renzi


Gian Carlo Venturini