Rules On Criminal Procedure On The Confidentiality Of Investigations In The Criminal Process

Original Language Title: Norme Sulla Procedura Penale E Sul Segreto Istruttorio Nel Processo Penale

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17016339.html

Microsoft Word - D093-2008.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; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on June 10, 2008. June 17, 2008 Ranked # 93 LAW RULES ON CRIMINAL PROCEDURE AND THE SECRET IN THE CRIMINAL INVESTIGATION Art.1 (Purposes) 1. Nell ' pending the reform of the Criminal procedure Code, the present law has the object to initiate the adaptation of the procedural regulations with constitutional principles, and in particular that of protection of the right of defense at any level of the proceedings and that of rapidity, economy, advertising and independence of judgments laid down in Article 15, second and third paragraph of the Declaration of the rights of Citizens and Fundamental Principles of San Marino order, and Article 6 of the European Convention for the Protection of the rights of ' man and Fundamental Freedoms. Art.2 (Register of crime reports) 1. The crime reports received by the Investigating Judge shall be immediately recognized, by the same investigating judge, on special register kept by the Registrar. 2. In the case of news received at the closing period of the Court offices, its registration must be made on the opening day of the immediately following offices, making mention of the reasons for the delay. 3. Registration is carried out on the Registry in the chronological order in which the news is received by the Investigating Judge and shall bear the date and time in which they were carried out and the signing of the Investigating Judge and the Registrar. 4. In the inscriptions gives a summary of all the elements of the crime reports known at the time of registration, including the factual circumstances of time and place where the offense seems to have realized, the name of the person suspect, the injured party , the plaintiff, the complainant, and a tentative legal characterization of the facts. 5. The elements of the same crime report received are subsequently recorded in the bottom of the primitive inscription in the manner and terms set out in the preceding paragraphs. 6. In the registrations shall be specified in the sequence number of the file that collects the news of crime and the elements on which it is based and any other data or documents relating thereto, 2 even if received later. Article 3 (Right to defense) 1. Except as required by article 5, the investigating judge carries out all the preliminary activities in general, and that relating to the collection and to the formation of particularly evidence, with full respect of the right of defense prevented, the prerogatives of the Prosecutor of the Treasury and the rights of private parties protected by law in a criminal court. 2. The biased, legally assisted, and the Prosecutor of the Treasury, have full right to propose its own defenses, memories and deductions, and also have the right to examine and take copies of all the acts of the case file including the recording of the news crime; the investigating judge must ensure that they can participate or be represented to fulfill its instructors. 3. Apart from the procedural documents containing data and information covered by banking secrecy under Article 36 of the law 17 November 2005 n. 165, the injured party, duly entered into, is entitled to receive on request copies of the pleadings and propose at any stage of the process memory, instances, or documentation; It may ask the investigating judge, that motivates the decision on the application, to assist, if only through the defender or his surveyors, even in the preliminary phase to accesses, searches and appraisals. The investigating judge shall refuse authorization if the request made by the injured party, duly entered into, represents serious prejudice to the defense of the rights prejudiced, that is contrary to the fundamental requirements of confidentiality of investigations performed, or banking secrecy, or the scheme referred to in article 5. 4. the injured party has the obligation to participate in comparisons with the willing prevented from investigating judge. 5. Remain subject to the powers of the Judicial Police, which is responsible for research initiative, in accordance with legal safeguards, the elements useful to the investigation, unless otherwise indicated issued by the judge, which must still be communicated as soon as possible the news of crime and any elements useful to the ongoing investigations. Art.4 (Judicial Communications)
1. In the final period of 30 days from the entry of the crime report or its subsequent amendments, with the exception of the cases referred to in article 5, the investigating judge, he must personally give notice to the prejudiced and the Prosecutor of the Treasury of the facts and by right of the offense for which you are making, as well as registered in the register of crime reports referred to in Article 2, except that the file is not stored as manifestly unfounded or other reasons. 2. The communication shall take place at the headquarters of the Single Court, the presence of the prejudiced who may be assisted by his counsel. The prejudiced will sign the minutes of successful communication. 3. If within 30 days the judge's failure to convene the prejudiced, or they failed to appear for, or has not signed the minutes of the previous paragraph, the judge, within a deadline of 30 days, in via registered mail, packaged in such a way as to ensure the confidentiality, sends the prejudiced and the Prosecutor of the Treasury special notice in which the facts must be briefly but clearly indicated and the offense right for which you are making, as well as registered in the register of reports of crime referred to in art. 2, except that the file has not been archived. 4. If the recipient for which no known residence or other location where communication can be sent, it is notified to the lawyer office, which, if necessary consulting the Judicial Police, will do everything possible to transmit in person. 3 5. The sending of judicial notice, in the absence of verbal notification referred to in paragraph two, is an act with which compliance is required of absolute nullity of all subsequent acts, in accordance with the provisions of article 229 of the Criminal procedure Code. Art.5 (Examination and investigation measures in system of temporary secrecy or by way of emergency) 1. Where there are special reasons of an exceptional nature that lead us to believe that the entire preliminary investigation can be accomplished successfully only in security grading the investigating judge, notwithstanding the provisions of the foregoing articles 3 and 4, declares a state of temporary secrecy of the investigation by means of a motivated decree 2. the investigating judge proceeds similarly when to be subject to the temporary security grading are only some measures of investigation or where the need for secrecy to emerge later. 3. Temporary security grading of the investigation or the investigation measures, which will result valid also against the Judicial Police to perform delegated activities, lasts only for the time necessary to profit adoption of measures; however, it may not exceed the maximum period of six months from the registration of the crime report, which may be extended only once for a maximum period by another three months when there are serious reasons. 4. In case of secrecy of the investigation the term for judicial communications resumes following the termination of the arrangements. 5. In case of secrecy of certain acts, the judge shall, through the clerk, to the custody of the same and reserved the decision ordering to that effect in a separate file until they are completed, subject to the deadline for submission of judicial communications and, for all other acts, the exercise of the options provided in the previous article 3. 6. in the case of execution of acts of testing acquisition in urgency, and not subjected to the grading, and for which there is the 'prior notice to the parties, the investigating judge, where this is not already done so, must also simultaneously notify the judicial communication to the prejudiced and the Prosecutor of the Treasury. In case of unavailability of the recipient and of which is unknown subjects residence or other location where communication and the act of testing acquisition in urgency can be delivered, the same will be notified to the public defender, the which, if necessary consulting the Judicial Police, will do everything possible to transmit them to the recipient. Art.6 (promptness of criminal proceedings) 1. The investigating judge respecting the principle of promptness of the processes referred to in Article 15, third paragraph of the Declaration of the Rights of Citizens and Fundamental Principles of San Marino order have to meet speed the completion of the preparatory stage and must therefore provide for the publication of the process and the issuance of the Decree
the hearing for oral arguments, or proceed to store pursuant to 'Article 135 of the Criminal Procedure Code, in the shortest possible time. 2. In any case, the investigating judge must ensure the publication of the process and consequently the issuance of the Decree for the oral arguments, or to proceed to the filing, within a deadline which is established in a third time needed for the prescription of a more serious crime. The latter term is calculated without taking into account the increases or decreases arising from any of the circumstances or grounds for suspension or interruption of the time, except for the suspension period provided for in Article 56 of the Penal Code, for the period necessary to the execution of the expert reports commissioned by courts in mind Article 3 of the implementing rules of the Criminal Code and also for longer than is necessary for the execution of international letters rogatory. 3. When the time limits above terms, the process has still to be published, 4 regardless of any ruling to that effect by the investigating judge. 4. The dossier is sent by the Chancellor to the Executive Magistrate, who checked the state of the procedure and, after hearing the private parties without the prior consent of the Attorney of the Treasury, holds sole cause and providing for its storage. however, if it considers that it was impossible to keep the term of unforeseeable circumstances or force majeure, may grant an extension of not more than thirty days. No additional or different extensions are allowed; in particular, in this case, it can not be granted deferral by the Judicial Council in plenary. 5. The Executive Magistrate also immediately inform the Council Committee for Affairs of Justice and the Ordinary of the delay Judicial Council determined and all measures taken as a result. 6. The delay may give rise to civil liability of the magistrate when applicable and if the conditions of Article 9 of the Constitutional Law October 30, 2003 n. 144. Section 7 (Amendments to the Criminal Procedure Code) 1. Article 135 of the Criminal Procedure Code are added the following paragraphs: "The decree ordering the passage of documents to the archive must be promptly notified to the Prosecutor of the Treasury , the prejudiced, the injured person, the complainant and the complainant and informed the Executive Magistrate. Against this Decree shall be entitled, within 30 days of notification, appeal by the prejudiced and the injured party, the Judge of Appeal, Penalty, other than the power to rule on the merits based on the natural criteria for the allocation of judicial work, which is It expresses, within 30 days of a reasoned order. The decision of the Judge of Appeal, justifiably Penalty welcomes the appeal has also reopened the investigation and sent to the Executive Magistrate for the file assignment to another investigating judge. ". 2. The fourth paragraph of Article 181 of the Criminal Procedure Code is replaced by the following: "The grounds of the judgment must be fair, clear and understandable, and must still be filed at the Court within sixty days from its publication. The delay in filing may result in civil liability of the magistrate when applicable and if the conditions of Article 9 of the Constitutional Law October 30, 2003 n. 144 and still needs to be reported by the Registrar to the Executive Magistrate who in turn, made the necessary investigations, informs the private parties and the Prosecutor of the Treasury. The Executive Magistrate also immediately inform the Judicial Council and the Ordinary Council Committee for cases of Judicial Affairs in the previous paragraph. The deadline for the filing of the grounds relating to the judgments already published at least 30 days after the entry into force of this Act is 90 days from the same entry into force, with a notice of penalty under the said Article 9 of Constitutional Law no. 144/2003. ". Art.8 (process Advertisement) 1. Until the publication of the process, and even after the publication for processes involving minors, for processes involving the offenses referred to in Articles 171, 172, 173, 174, 175, 176 , 177, 177 bis, 177 ter and 177 quater of the Criminal Code, and the data and information covered by banking secrecy pursuant to art. 36 of the law 17 November 2005 n. 165, magistrates, clerks and all other employees of the Court are obliged not to disclose or otherwise publish in any form, acts of the process, the documentation gathered and their contents, and remain
subject to compliance with the conditions of professional secrecy referred to in Article 29, letter b) of Law 22 December 1972 n. 41 and Article 377 of the Criminal Code, while lawyers, experts, office and hand, as well as their employees and contractors remain subject to the requirements of professional secrecy specified in Article 192 of the Criminal Code; anyone who violates the provisions above 5 is punishable under Article 192 of the Penal Code, unless the fact constitutes a more serious offense. 2. The files relating to published processes and stored, unless it be processes involving minors and processes for the offenses referred to in Articles 171, 172, 173, 174, 175, 176, 177, 177a, 177 ter and 177 quater of the Criminal Code, and to the exclusion of the data and information covered by banking secrecy, under 'Article 36 of the law 17 November 2005 n. 165, may be issued to the parties of the process and their defenders, to Their Excellencies the Captains Regent and the Council Commission for Justice Affairs at the request of at least one third (1/3) of the members of the Commission itself; the judge may release the files also higher in people who have a legitimate interest, with a reasoned decision that may contain restrictions on the use of the copy. 3. Judgments and orders of dismissal, unless it be processes involving minors and processes for the offenses referred to in Articles 171, 172, 173, 174, 175, 176, 177, 177a, 177 b and 177 quater of the Criminal Code, are public, except for the parts that contain data and information covered by banking secrecy within the meaning of 'Article 36 of the law 17 November 2005 n. 165. Anyone can access them or take copies. 4. The judgments in the cases of processes involving minors and processes for the offenses referred to in Articles 171, 172, 173, 174, 175, 176, 177, 177 bis, 177 ter and 177 quater of the Criminal Code, will be made available for consultation only and with the indication of the initials of the names and surnames of the persons who in various ways have participated in the process. 5. The content of the pleadings and of judgments and orders of dismissal, or to documents collected during the criminal trial, limited to those parties for which the law provides for a special grading, they are still covered by these arrangements; one who discloses or improperly uses their content is punished by the penalties laid down in Articles 191 and 192 of the Penal Code, unless the fact constitutes a more serious offense. Article 9 (Prohibition of publication) 1. Criminal Code is added to the following article: "Art. 192a (Publication of secret documents connected criminal proceedings) may not publish, including partial or in summary, by any means of dissemination, of the acts covered by the confidentiality of investigations, or subject to a special security grading, as well as the acts of the instructors trial held behind closed doors and their contents. No part of the generalities and image of minors in any way involved in criminal proceedings, as long as they do not come of age. It is also forbidden to publish material which may still lead to the identification of these minors. It prohibited the publication of personal image private person shooting freedom while the same is subject to the use of physical coercion, unless the person agrees thereto. Anyone who violates the provisions of the preceding paragraphs, shall be punished by a fine of € 12,000. In case of recurrence or if the violation referred to in the first paragraph is made during the election campaign to the detriment of one of the candidates of the different lists competitors, in addition to the fine provided for in the preceding paragraph applies the interdiction Grade II by the profession. ". Art.10 (Transitional and Final Provisions) 1. This law applies to all criminal cases for which the crime report is received by the investigating judge at a later date for its entry into force. 2. This Act does not apply to pending court cases the date of entry into force 6 if they are published and filed not later than nine months. Art.11 (Repeals) 1. repealed all the rules and provisions contrary to this law. Art. 12 (Entry into force) 1. This law comes into force on 1 September 2008. Our Residence, this day of 17 June 2008/1707 THE CAPTAINS REGENT Pink crocuses - Federico Pedini Amati THE SECRETARY OF STATE FOR BUSINESS INTERNAL Valeria Ciavatta