LAW ESTABLISHING THE ORDER CRIMINAL September 9, 1919 No 35 Art. 1. - It 'set in this Republic the Penal Decree. Art. 2. - In proceedings for offenses within its jurisdiction the Commissioner of the Law when, after an examination of the acts or the investigations carried out, considers the duty to apply the fine or a fine not exceeding one hundred pounds, ruling without a hearing the conviction of the offender, be obliged to bear the costs of the proceedings and the fee referred to in Article. 41 of the existing law on stamp duty (1) and, where appropriate, order the forfeiture or restitution, or gives off any any other measure in order to things seized. May also apply the law concerning the suspension of the execution of criminal sentences of 23 May 1924, it omitted the provision under Art. 5 of the Law itself. (2) Art. 3. - The Penal Decree will lead, as the judgments, the heading "In the Name of God and of the Most Serene Republic of San Marino" and must contain: I. - Name, surname, parenthood, age and any other indications that apply to identify the accused: II. - A brief reference to the grounds of fact and law on which the indictment is based: III. - The sentence with the indication of articol applied: IV. - The date and signature of the Law Commissioner and the Chancellor. Art. 4. - authentic and integral copy of the Decree is as' soon, and by the Penal Chancellery, personally notified to the accused, with a formal warning that if within 20 days of being notified he does not wield, the decree will become executive. If the authentic and integral copy of the decree had not been able to personally notify the period of twenty days it begins to run from unseconda notification in any way made to the accused by the Penal Chancellery. Art. 5. - The declaration of that appeal will have to be carried out in the Commissioner's Chancellery, during office hours, and from the face of an official of the Chancellery, or the accused in person, or by an attorney legally operator bears the copy of the decree notified to convicted, or a person of age and who enjoys civil rights provided with special power of attorney will remain attached to the declaration. This declaration must be signed by the accused besides, if you will, or his representative, even by the official who receives the declaration, all under penalty of nullity. In said act the part that holds the decree must elect domicile, if it has not, in the territory of the Republic, and to this address will be made all the notifications relating to the proceedings. Art. 6. - In the act in which it received the application for the hearing, the Commissioner shall determine the day, and if the accused is present, verbal communication made to him that is a summons to appear at the hearing. If it were not present, it will be notified measure canvases by cursor, at least three days before the hearing fixed, and also the first advance will hold place of quotation and will be performed at home or in the real elected in accordance with Article 5. Art . 7. - If the hearing established for the handling of the case the accused is presented, the decree has not as pronounced, and the Commissioner in his judgment is not bound at all by what ordered by the decree. If the accused does not personally present at the hearing or dett does not justify such failure, the Commissioner orders the execution of the decree, by requiring the additional expense of the offender, and will have to revoke the Hibernation of the execution of the sentence, if the ' he had granted. Art. 8. - Against the decree became enforceable, or against the order of implementation referred to in paragraph of article. earlier, it is not allowed any means of appeal. However, the Prosecutor of the Treasury if he has news that an offense or a misdemeanor which exceeds the competence of the Commissioner, was handed down sentencing procedure glue traced by this Act, may at any time of prosecution with the ordinary procedure, giving immediate notice to the Law Commissioner, who will undertake the investigation in the ordinary way, by suspending the execution of the decree. That option granted to the Attorney of the Treasury will continue until the decree has been brought to execution, or when the prosecution from the fact contemplated in the decree is prescribed or in some other way extinguished. When the Tax Prosecutor intends to rely on those f culty, he must make an express declaration before the Registrar of the Commissioner's Court, during office hours, and will be signed by the declarant and an official of the Court, under penalty of nullity.
Examined the case in the manner prescribed by the criminal procedure, the judge of the first instance criminal cases, if it finds founded the opposition raised by the tax authorities Prosecutor revoked the decree and pronounce judgment about how the rule of law. Art. 9. - For the procedures regulated by this law nons or apply the provisions of Articles 44 Criminal Code, (3) 27 and 185 Criminal Procedure Code. (4) Art. 10. - The present law, as soon as it enters into force, will be applied to all fines already reported, for which the day of its promulgation, it has not been notified decree of summons to the hearing. Art. 11. - This Act shall come into force from the date of its publication. (1) See below in the Budget Laws, p. 154. (2) Based on art. 6 No. 4 of the Law on September 13, 1906 Filing Judicial convictions for offenses should never be mentioned in certifies criminal. See No. 13 back to the 46 May 1914. Law (3) R. p. 371. (4) A. p. 443 and 460.