Penalty Provisions And Criminal Procedure In Matter Of Annona And Goods Of Public Needs

Original Language Title: Disposizioni Penali E Di Procedura Penale In Materia Di Annona E Di Merci Di Pubblica Necessita

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17010133.html

No. 21. Law contains penal provisions and criminal proceedings relating to Annona and essential public goods. We the Captains Regent of the Most Serene Republic of San Marino promulgate and publish the following law approved by the Prince and Sovereign Council of the LX in His today's Returned: Art. 1. 'punished, unless the fact constitutes a more' serious offense, a fine of lire to two hundred fifty thousand lire, which, in the most 'serious cases, will be united imprisonment up to three years: 1) Anyone who steals goods at normal consumption; this provision shall also apply to producers who own occult goods for the purpose of removing them from the normal consumption; 2) Any person who fails to deliver the goods within the prescribed period of which has been ordered seizure, storage or on the compulsory contribution. If the offender, before the opening of the trial of first instance, full delivery the goods to requisition or storage that performs the assignment, the penalty is reduced by one to two degrees; 3) Whoever, in order to escape in whole or in part its obligations under the injunction, by the requisition, from storage or from the contribution required of goods, has forged or altered documents or information containing false; 4) Any person who, having received for the disposal of the goods contingent or having the obligation to use the goods in certain way, gives them a different destination; 5) Anyone who makes trading in things of which she obtained in violation of the rules for rationing or the quota of them; 6) Any person who, by means of false statements or false dichiaraz oni, procures for himself or for the allocation of quotas or other rations of goods that did not belong to or greater than those due to it; 7) Anyone who sells goods at a price higher than that established by the authorities; 8) Whosoever of traffic cards or vouchers or other documents issued by the authority for the distribution or the collection of the goods; 9) Any person who exports or attempts to export goods from the territory whose extraction is prohibited or it is buying for export; 10) Anyone, even outside the cases provided for by the previous numbers, does not observe the measures by the data and, more particularly by the Government Commission of Public Annona for the regulation of the production, supply, distribution, trade or consumption of goods . When the offense is very slight extent the sentence can be reduced to one level. Art. 2. It 'punished in accordance with art.li 383 and 384 Cod. Pen. anyone, of putting them into circulation, falsifies ration cards or other documents required by the distribution or the collection of goods and anyone knowingly put into circulation or make use of those false documents. And 'it punished according to art. 288 Cod. Pen. any person placing fraudulent immutazione truth in cards or such documents and anyone knowingly put them into circulation or uses. Art. 3. tripled the maximum afflictive penalties established by art.li 338, 339, 340 Cod. Pen. ( "Dell'apprestamento, for public use and canteen, edible or beverages or other goods containing admixtures injurious to health") and art. 242 Cod. Pen. ( "Of the peddling unhealthy drinks, meat or other edible failures, corrupt and not intended for the human food"). Art. 4. The sentence for the offenses under this Act shall include the obligation of the payment to the public treasury a sum equal to profit unduly paid by the offender. In case of conviction - without prejudice to the provisions of Art. 189 Cod. Pen. - The court may order the confiscation of the instrumentalities that served or were destined to commit the offense and the things that are the product and profit. Art. 5. For the offenses referred to in art. 2:03 them they will follow the general rules of jurisdiction laid down by the Law 15 April 1926 No. 18. The offenses referred to in Article. 1, and those established by law containing measures on cereal, will be judged by the Law Commissioner: who will pronounce the criminal order if it considers to be able to apply the fine not exceeding two thousand pounds, to erwise proceed to summary judgment. Art. 6. The decisions by which it imposed a fine of no more than fifteen hundred lire are final. The filing of appeals established by art. 192 Cod. Proc. Pen. It has doubled. The deadline for the appeal procedure, referred to in Council Decree 28 March 1939, they are reduced by half. Art. 7. In the complaint, one of the offenses covered by this law and in that on the measures for cereals, the Public Treasury purchases, without the need for registration, the privilege prevented the generality of the goods for the payment of fines, the pecuniary penalties and costs.
The privilege ceases with the acquittal: is confirmed with that of condemnation and to what did not happen the integral of the amount due payment to the Treasury. Art. 8. The public force is authorized, at any time, carry out searches for the investigation of crimes and to control food rationing 'fulfillment of the relevant legal requirements. Art. 9. This Act comes into force seven days after its legal publication. Given at Our Residence, this day of 27 June 1942 (1641 dFR). THE CAPTAINS REGENT Septimius Belluzzi - Celio Gozi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS to Giuliano Gozi