Microsoft Word - D097-2008.doc 1 REPUBLIC OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on 18 June 2008. Law 20 June 2008 Ranked # 97 PREVENTION AND REPRESSION OF VIOLENCE AGAINST WOMEN AND GENDER CHAPTER I GUIDING PRINCIPLES AND AWARENESS AND PREVENTION MEASURES vIOLENCE aGAINST wOMEN aND gENDER, iNCLUDING dOMESTIC vIOLENCE Art.1 (Objective of the law) this law aims to prevent and combat violence against women and gender, including domestic violence. Art. 2 (Concept of violence against women) constitutes violence against the person any act of gender-based violence that results in, or is likely to result in, for those who are the target, damage or suffering physical, sexual or psychological , including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public life and in private life. Art. 3 (means of mass communication and discriminatory disclosures) The media should promote the protection and the protection of equality between men and women and must avoid any discrimination between them. 2 It 'may not use, even for advertising purposes, images and expressions damaging the dignity and identity of the person, or that have discriminatory content, including those containing references to sexual orientation of the person or gender identity. The Authority for Equal Opportunities, in charge of what, on its own initiative or at the written report of anyone interested you can ask the Commissioner of the Law: a) that the spread of images is inhibited, news, or in contrast with references prohibition in the second paragraph; b) it inhibited their continuation and that the effects would be eliminated; subject always to the right of the person portrayed or the subject of references to request compensation for damages. The Commissioner of the Law by Decree, after hearing the part for which the measure is to be executed. In cases of particular urgency, and where the party against whom the order is to be executed does not have the residence or office, or an authorized representative in the territory of the Republic to stand trial, the Law Commissioner may order the execution of the measure, even without a hearing. Anyone who does not comply with the order issued pursuant to referred to in the preceding paragraph shall be punished under Article 366 of the Criminal Code. Against the decree of the Law Commissioner he has admitted complaint to the Judge of Appeal for nullity, but the appeal does not suspend the enforcement of the order, unless otherwise decided by the Judge of Appeal. The legal representation of the Authority for Equal Opportunities in the judgment is taken by the State Attorney. Procedural documents are exempt from judicial. Art. 4 (assistance for victims of violence) Victims of family violence and sexual state ensures: a) information on the measures envisaged by the law concerning the protection, security and the rights to assistance and rescue of victims of violence ; b) the availability of services to which they attributed the relative social care expertise, with specialized staff, easy to find and accessible by victims; c) that the services are able to carry out functions of emergency also psychological and later taking charge of the medium-term situations, including for the purpose of family re-composition; d) the provision of social support actions, protection, education support, training and vocational integration; e) in severe cases, in which is harmful to remain in the family, the inclusion of the victims in a family community for a period sufficient to achieve a social reintegration program; f) the establishment of programs for the protection and social reintegration of victims of violence, if needed, including meeting the housing needs and the maintenance of a residence permit, if in the course of the proceedings be removed, at least for the duration of the criminal process, the re-integration and nursing needs and dependent children support. g) specific training of judges who are entrusted to the court proceedings under this law and law enforcement.
The identification and organization of services and the determination of the concrete measures will be carried out with appropriate delegated decree to be issued within six months of entry into force of this Act. 3 CHAPTER II AMENDMENTS TO THE CRIMINAL CODE Art. 5 (Aggravating circumstance murder) In Article 150, second paragraph, of the Criminal Code after the number 1) the following is inserted: "1a) in the person of a spouse, domestic partner or entity which was or is linked by a loving relationship, not necessarily involving cohabitation ". Art. 6 (Aggravating circumstances of injuries) Article 156 of the Criminal Code is replaced as follows: "When the injury is derived event as abortion, life-threatening disease healed more than sixty days or incurable, permanent disfigurement of the face, loss or significant weakening of a sense of an organ or its functions or the loss of the ability to procreate, or genital mutilation, even if inflicted for religious reasons, apply imprisonment and third-degree disqualification. The same penalty applies if the victim is or was a spouse or person who is or was tied in a similar emotional relationship, even without understanding the cohabitation, or if the victim is a vulnerable person living with the offender. " Art. 7 (or holding in slavery or servitude) Article 167 of the Penal Code is amended as follows: "Art. 167 or holding in slavery or servitude Whoever exerts on a person powers corresponding to those of the ownership or whoever reduces or keeps a person in a state of continuous subjection, forcing her to work or provide sexual services or to beg or nevertheless to perform will involve exploitation, he shall be punished with imprisonment of fifth degree and the fourth degree disqualification. The reduction or maintenance in a state of slavery occurs when such conduct involves the use of violence, threats, deceit, abuse of authority or taking advantage of a situation of physical or psychological inferiority or a situation of necessity, or by promising or giving of sums of money or other advantages to whoever has authority over the person. The penalty is increased by one degree if the crimes referred to in the first paragraph are committed against minors under the age of eighteen or are directed to the exploitation of prostitution or in order to refer the person for the removal of organs. ". Art. 8 (Trafficking in persons) Article 168 of the Criminal Code is replaced: 4 "Trafficking in persons who commits or is otherwise a person does business that is in terms of Article 167, ie, in order to reduce or maintain a person in slavery or servitude, induces through deception or forces through violence, threats, abuse of authority or taking advantage of a situation of physical or psychological inferiority or a situation of need, or who promises or giving sums of money or other benefits to the person on it has authority to enter, or to leave the territory of the State or to move within it, he shall be punished with imprisonment of sixth grade and the fourth degree disqualification. The penalty is increased by one degree if the crimes referred to in the first paragraph are committed against minors under the age of eighteen or are directed to the exploitation of prostitution or in order to refer the person for the removal of organs. ". Art. 9 (Repeal of trafficking for prostitution and placement of forced prostitution among the crimes against personal freedom) Article 268 of the Penal Code is repealed. Article 269 of the Criminal Code is an offense against personal liberty, and is placed in Chapter II of the Penal Code with the number of Article 168 bis (forced prostitution). Art. 10 (Aggravating circumstance for the crime of violation of sexual freedom) Article 172 of the Penal Code is added the following paragraph: "The penalty shall be increased by one degree if the crime mentioned in the first paragraph is committed by a spouse or partner, the one who has or had an emotional relationship with the victim. The penalty is increased by one degree if the crime is committed against a person with a disability. " Art. 11 (group Violence) after Article 172 of the Criminal Code the following is inserted: "Art.172 bis group Sexual Violence The group sexual violence is the participation by at least two people acting together, to acts of violation of sexual freedom referred to in Article 171. the participation in acts of violation of sexual freedom exists even for those not physically commit violence, but have still given a causal contribution to
commission of the crime, also consisting of the mere presence on the place and time where violence is perpetrated. Anyone who commits acts of gang rape is punishable by imprisonment in the fourth degree and a fine. 5 The penalty is reduced by one degree for the participant whose work has had minimal importance in the preparation or execution of the crime, as well as for those who have been determined to commit the crime when they compete with the conditions established by the numbers 2 and 3 of Article 90. ". Art. 12 (prosecution in crimes of violation of sexual freedom) Article 178 of the Criminal Code is replaced by: "For the prosecution of crimes punishable under articles 171, 172, 172a, 173, 175, 176 and 177 is required lawsuit one offended. The remission of the lawsuit can not be effected course the term referred to in the third paragraph of Article 7 of the Criminal Procedure Code. In the event that the victim is a minor, the statute of limitations, as well as the deadline for the submission of the lawsuit, begin from the age of majority. Is automatic if the offense is committed by, the guardian or the adopter or the person who has care or custody in the victim. It also automatic if the crime is committed in conjunction with the crime prosecutable ex officio, or in the case of repeated recurrence. " Art. 13 (persecutory acts - Stalking-Mobbing) after Article 181 of the Criminal Code the following is inserted: "Art. 181a persecutors Acts And 'punished with first-degree imprisonment and a fine of anyone who repeatedly harasses or threatens a person in order to affect it serious moral suffering and damage to his dignity, to disturb its normal living conditions or place in a state of subjection or serious physical or psychological problems, or justified fear for the personal safety of self or others related to her by stable emotional relationships, shall be punished, on complaint by the injured party, with first-degree imprisonment and a fine. If harassment or threats in the first paragraph are carried out in the workplace, in the form of systematic and repeated harassment and unfair practices carried out by the employer or colleagues in order to professionally devalue, humiliate, isolate a worker in attempt to induce him, after having procured severe psychological and physical suffering, the resignation, the penalty is increased by one degree. We proceed to complaint of the victim. It is prosecuted and the prison sentence is increased by one degree if the crime is committed with a weapon, with violence or threat of particular gravity. It also ex officio proceed if the offense is connected with another crime for which is expected to prosecution office. ". Art. 14 (abduction and detention of the minor abroad) after Article 231 of the Penal Code is added as follows: 6 "Art. 231 bis Subtraction and detention of minor abroad Anyone who deprives a child to who has custody, regardless of the exercise of power, leading him abroad or failing to fit it in San Marino, against the same parent or guardian will is punishable by imprisonment and a fine of the second degree. If the offense is committed against a minor who has completed the age of fourteen and with his consent, it applies the first-degree imprisonment. If the offense is committed by a parent, also it applies the prohibition of second degree from the power. ". Art. 15 (Maltreatment of family and household members) Article 235 of the Criminal Code is replaced by the following: "Maltreatment of family and household members Anyone who mistreats a person of the family or other domestic partner, or a person under his authority or his entrusted, he shall be punished with imprisonment of the second degree. The prison is the third degree if the offense is committed against a person under the age of fourteen. The prison is in the fourth degree if the act results in one of the aggravators events specified in Article 156 and fifth degree if it results in death. " CHAPTER III MEASURES IN LEGAL PROTECTION AND SAFETY OF VICTIMS TITLE I GENERAL PROVISIONS Art. 16 (Protection of the confidentiality of the victim) In civil or criminal cases related to violence against the person, even within the family, must be maintained confidential and intimacy the victims and their personal data, those of children or any other person who is in his custody. It 's always prohibited disclosure of particulars and the image of the victims. Anyone who discloses or publishes data, information, news or images in violation of the prohibitions above shall be punished by a fine of € 12,000.00. Art. 17 (Legal Assistance)
In all proceedings, civil, criminal or administrative, to the victim of violence, has secured legal assistance, even outside of the conditions for legal aid, when it is not objectively able to provide for their own legal defense. 7 The Association of Lawyers and Notaries provide for the formation of a list of registered experts available to accept assignments in favor of the victims, by communicating to the relevant social services, law enforcement agencies, the General Court and the Authority for Equal Opportunities. The Association of Lawyers and Notaries the ongoing formation and specifies the list of members, organizing interdisciplinary training. A lawyer registered in the list may not refuse the assignment, except for serious reasons. Legal assistance is free. The lawyer, however, is entitled to payment of the fees charged to the offender or the one who has come into being because, when violence has been established by civil or criminal judgment or final result from acts issued for a specific contradictory statement from court which the dismissal of the criminal case or civil case, or when protection orders have been issued against him. In cases of absolute necessity and urgency, legal assistance the victim provides the Office of Attorney, who promptly contact a lawyer registered in the list, from which, ceased urgency, it will be replaced. The procedural acts performed in the interests of the victim of violence are exempt from all taxes. The State shall advance the funds necessary for the completion or for participation in procedural acts, including legal expertise, necessary to protect the victim of violence. The state has the right of recourse against the perpetrator when violence has been established by civil or criminal judgment or final result from action for special statement issued by both the judge who has the dismissal of the criminal case or civil case, or when they are We were issued protection orders against him. TITLE II PROTECTION MEASURES IN CRIMINAL Art. 18 (Representation of the child in the criminal trial) cases where the victim of the crimes against personal freedom or ill-treatment is less and the offense is committed by, by the guardian, the adopter, or other family members or third parties which have significant relationships with the child or with his parents, the representation of the child in the process, for the protection of his rights, is entrusted to a special guardian, specially appointed by the tutelary judge, to whom the investigating judge must make request immediately. If the offense referred to in the first paragraph is not prosecutable ex officio, the lawsuit is filed by the guardian ad litem, and the deadline for submitting the complaint shall run from the appointment. Are null pleadings prejudicial interest of the child that has not participated in the special guardian. Legal assistance for the child represented by the trustee shall apply the provisions of Article 17 of this Law. Art. 19 (Reporting obligations) Social Services, the Police, and all merchants a health profession, both public and private, are required to report to the Commissioner of the operator of Judge Civil Law Protecting functions the facts of violence on women, minors or gender, they obtain 8 knowledge by reason of their office or profession, even in the case of offenses prosecuted on complaint. Teachers of any type and level are required to report promptly to the Service Minor facts referred to in paragraph top of which they are aware. The reporting does not involve breach of professional secrecy and professional; the Law Commissioner ensures that reporting and procedural documents are kept confidential. The breach of reporting entails an administrative fine imposed by the Commissioner of the EUR Law 500. The Law Commissioner, received the report, sends to social services to make any appropriate verification; the outcome, on the basis of a specific report prepared, summon the victim, and, where appropriate, active protective measures provided for in this law, instructing the competent services. When the facts integrate assumptions of office prosecutable offense, or if the private initiative, if the victim has filed the lawsuit, the report, mentioned in the first paragraph must be made to the Law Commissioner Investigating Judge, who will activate measures and protection programs, if necessary. If the victim of violent crime is minor, the Investigating Judge is
required to give timely notice of the crime report to the tutelary judge, for measures within its competence. Art. 20 (Right to participate in criminal proceedings) In proceedings for violence against women, against children or gender the Authority for Equal Opportunities has the right to intervene and become a civil party. To this end, the investigating judge gives timely notice of the existence of the criminal proceedings to the Authority for Equal Opportunities. Art. 21 (Prohibition of questions about private life or sexuality of victims) In criminal proceedings for sexual offenses, including the stage of the police investigation, questions are not allowed, or the formulation of expert questions about the private life or sexuality of the victim if It is not necessary for the reconstruction of the facts. Art. 22 (Special precautionary measures in the criminal trial) The investigating judge, when it proceeds to a crime against personal safety, personal freedom or family abuse, committed by person living at the request of the victim, can order the removal of 'suspect or accused person from the family house, with orders not to let you return and not access it without your permission, giving, where appropriate, the method of access. The investigating judge, if there are needs for considering the safety of the victim or his close relatives, again at the request of the victim, the suspect may be additionally required or prevented from getting too close to certain places usually frequented by the victim, in especially the workplace, the home of the family of origin or close relatives, except that attendance is necessary for business purposes. In the latter case, the judge prescribes the detailed rules and may impose limitations. 9 The judge, received the request, it assumes all appropriate information, and provides a motivated decree, after hearing the accused and, where appropriate, the applicant, except in urgent cases. The investigating judge, at the request of the injured party, and in respect of all parties, may also instruct the periodic payment of a check in favor of cohabiting people who, due to the protective order placed, remain without adequate means. The judge determines the extent of the check bearing in mind the circumstances and the obligor's income and establishing the terms and conditions of payment. May order, if necessary, that the check is paid directly to the beneficiary by the obligor's employer, deducting it from the salary due to him. The payment order has effectively enforceable. The measures provided for in the second and fourth paragraphs may also be adopted following the decision referred to in the first paragraph, provided that this has not been revoked or has however lost effectiveness. Those measures, even if adopted subsequently, lose effect if it is revoked or otherwise ceases to be effective the measure in the first paragraph. The measure referred to in the fourth paragraph, if in favor of the spouse or children, becomes ineffective, moreover, if the measure supervenes the Civil Judge in the case of judicial separation or other order of the Civil Judge with regard to economic and financial transactions between spouses or child support. The measure referred to in the fourth subparagraph may be modified if conditions change the obligor or the beneficiary, and shall be withdrawn when the cohabitation resumed. Art. 23 (psychological support to victims of violence in criminal trials and other criminal nell'istruttoria protection measures) If there is any for crimes against personal safety, personal freedom or ill-treatment to the detriment of the person, it shall be secured the support psychological to the victim by experts when the same is heard as a witness or during comparisons with the suspect or other witnesses. If the process for one of the crimes mentioned in the first paragraph must be carried out judicial and forensic expertise, the expert should be preferably chosen among professionals of the same sex of the victim. The hearing of the injured party must take place so as to avoid the repetition of the same. To this end, the Investigating Judge shall take all appropriate measures, including the video recording of the hearing. If the victim is under age, the investigating judge shall examine the victim of the crime, in comparison with the accused or witnesses, by the use of a mirror glass and of a telephone system or by using of other suitable instruments that guarantee the confidentiality; the hearing must be videotaped. The child must always be assisted by a
expert in child psychology Auxiliary Judge. Art. 24 (Protection of victims in the trial) In criminal proceedings for offenses against personal safety, personal freedom or ill-treatment, the debate always takes place behind closed doors if the victim is less, and at the request of the adult of offense. It shall not be held to the repetition of testimony and comparisons if the accused's right to defense has been guaranteed during the investigation, and, in any case, if there is a video recording. 10 If the hearing or confrontation must be repeated, they observe the provisions of Article 23. If the victim is minor, the repetition can not be considered if there is a real danger to the aggravation of conditions of the child, which must be ascertained by judicial expertise, during discussions with the expert witnesses. Art. 25 (Probation with the social services of the person convicted of sexual and family violence) Probation with the social services of the person convicted of sexual or family violence, where permitted by law, can take place only if accompanied by the participation of the convicted person to a specific rehabilitation program. TITLE III CIVIL PROTECTION MEASURES Art. 26 (protection against family abuse) When the spouse or other domestic partner is conducted to cause serious injury to body or morals or the freedom of the other spouse or partner, the Judge, if the fact is no indictable offense or, if the private initiative, if the lawsuit has not been made, on application, may adopt a decree one or more measures in the following article. In any case, the conduct referred to in the first paragraph be proper grounds for expulsion from the family home in accordance with Article 30 of the Law 26 April 1986 n. 49. The rules referred to in this title shall apply, mutatis mutandis, even if the conduct prejudicial was carried out by another member of the family other than the spouse or domestic partner. In this case the application is given by the member of the family to the detriment of which is required conduct detrimental. Art. 27 (protection orders against family abuse) The judge orders the spouse or partner who held the prejudicial conduct, the cessation of the same conduct, and has the removal from the family home of the spouse or partner who has held the conduct detrimental prescrivendogli also, where appropriate, not to get closer to places usually frequented the instant, and in particular to the workplace, the home of the family of origin, or to other home close relatives or other persons and near places education of the couple's children, except that these should not attend the same places for business needs. The judge may order, also, where appropriate, - the intervention of social services or a family mediation center, as well as associations whose statutory objective is the support and acceptance of women and children or others abused and ill-treated; - The periodic payment of a check in favor of cohabiting people who, as a result of the measures mentioned in the first paragraph, are left without adequate means, setting the terms and conditions of payment and prescribing, if appropriate, the amount is paid directly to 'person entitled by the employer obligor work, deducting it from the salary payable to the same. 11 By the same decree, the judge, in cases referred to in the preceding paragraphs, it establishes the duration of the protection order, starting on the day of the execution of the same. This can not exceed six months and may be extended, on application, only if there are serious reasons for the time strictly necessary. By the same decree, the judge shall determine the manner of implementation. If it has the removal from the family home, the Law Commissioner requires the help of the police and the forced removal of the recipient's order without complying voluntarily. The Law Commissioner may also indicate the appropriate measures to prevent further violations of the provisions of the measure, including the supervision and the help of the police. The decree is always communicated to the Gendarmerie and the Neuro-Psychiatric Service for the eventual adoption of the measures on arms and ammunition. Art. 28 (Procedure for protection orders against family abuse) The application is also proposed by the party personally. The Judge, in this case, received
instance, designate a defender among the short-listed in the second paragraph of Article 17. The Law Commissioner, after hearing the parties, it proceeds as you deem appropriate to acts of education needed, acquiring, even d ' office, all appropriate information, and provides motivated decree immediately enforceable. In urgent cases, the judge, taken, where necessary, the summary information, can immediately take the protection order, staring at the hearing of the parties to appear before him within a period not exceeding fifteen days. At the hearing, the judge confirms, modifies or terminates the protection order. Against the decree by which a Judge shall take the protection order or rejects the appeal, pursuant to the second paragraph, or confirmed, amended or revoke the protection order adopted previously in the case referred to in the preceding paragraph, it may claim for nullity in Civil Appeal Judge. The complaint does not suspend the execution of the protection order, unless advised otherwise by Judge of Appeal. Art. 29 (Penalties) Any person who evades the order of protection provided for in Article 27 of this Law, which is a measure of the same content taken in the separation process of the spouses or the dissolution proceedings or termination of the civil effects of marriage is punished with the punishment provided for by Article 366 of the Criminal Code. Art. 30 (Scope of protection orders) The provisions of Articles 27 and 28 of this Law shall not apply when the harmful conduct is held by the spouse who proposed or in respect of which it was proposed that the question of legal separation dissolution or termination of the civil effects of marriage if in the proceeding was held the hearing of the spouses to appear in articles 110 and 127 of the Law 26 April 1986 n. 49. In this case, the judge can take in such proceedings protection orders. 12 The order of protection adopted in accordance with Articles 27 and 28 ceases to be effective if it is subsequently pronounced, in the case of legal separation or dissolution or termination of the civil effects of marriage promoted by the petitioning spouse or against him, the decree containing measures temporary and urgent. Art. 31 (Suspension of parental rights) when the act of violence is done to the detriment of children, and up to the establishment of liability, the Law Commissioner may suspend the exercise of the suspect or the parent who has authority tolerated violence. TITLE IV PREVENTIVE MEASURES BY LAW ENFORCEMENT Art. 32 (Request for help to the police) If the victim of violence or third parties who witnessed the fact, counter to the police violence, they must take action immediately , but no later than one hour of reporting, unless there are no serious reasons. The Police may enter the dwelling of the victim or other places or private property appurtenances where the victim is located, even coercively; They must put an end to harmful behavior; They have to warn the victims of their rights, including the right to seek protection orders; if there is the fear of serious and irreparable damage, shall effect the immediate reporting to the relevant social services, unless it is indictable offense or the victim has filed a complaint, in which case the notification must be sent to the Judge investigator, who may take the appropriate precautionary measures, including those indicated in the present law. The Police shall in any case to the seizure of these weapons in the home of the abuser, notifying the Law Commissioner and the Command of the Gendarmerie for the activation of the suspension proceedings or revocation of firearms license or driver's license hunting. The obligation of immediate action by the Police continue to exist even if they receive from anyone reporting abusers subjects that are or are about to start driving your vehicle while intoxicated, taking preventive and protective measures necessary. If the request for assistance relates to acts of persecution as defined by law, the Police, even independently of the complaint of the victim, shall be obliged to dismiss the harasser, doing the reports referred to in this law. For all interventions must be drawn up and to be sent to the Command of the Gendarmerie and the Neuropsychiatric Service. The data collected are transmitted to the Authority for Equal Opportunities and are available
Also the Civil Judge required to issue protection orders. Art. 33 Article 3 of Law 26 of February 25, 2004 is amended as follows: 13 "Article 3 (Composition) The Commission is appointed by the Great and General Council at the beginning of the term and for the duration thereof. It consists of: - eight members chosen proportionally among the groups in the Great and General Council; - One member appointed by trade unions; - One member appointed by the Consulta of Cultural Associations and Cooperatives of San Marino. The Commission members can not be members of the Great and General Council. ". Art. 34 (Temporary provision) The Commission for Equal Opportunity established under Law 25 February 2004 n. 26 is replaced by the powers provided by this Act by the Authority for Equal Opportunities. The Commission for Equality in the exercise of the functions and duties provided for in Article 2 points, g, i, j, k, l of the Law 26 of February 25, 2004, from the entry into force of this Act, is flanked by 'Authority for Equal Opportunities. The Authority for Equal Opportunities is made up of three members appointed by the Great and General Council shall hold office for four years of legal experts, representatives of associations or non-governmental organizations active in the field of Equal Opportunities, communications experts and psychology. The composition of the Authority for Equal Opportunities must ensure the participation of each of the professionals identified above. The Authority for Equal Opportunities provides for the collection of data on violence against women and gender every six months. The Authority for Equal Opportunities prepares an annual special report to be publicly disseminated. Art. 35 (Entry into force) This Law shall enter into force on the fifth day following that of its legal publication. Our Residence, this day of 20 June 2008/1707 THE CAPTAINS REGENT Pink crocuses - Federico Pedini Amati p. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS The Secretary of State Tito Masi