Filing On Judicial

Original Language Title: Sul Casellario Giudiziario

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LAW AND REGULATION ON THE CRIMINAL RECORDS. September 13, 1906 LAW. Art. 1 'Criminal record for establishing the register in the extract all final and irrevocable decisions pronounced by the judges of the Republic, ordinary and special, as well as those uttered by foreign judges, against San Marino citizens, from which is given official communication; a) in criminal matters, with no distinction between those convicted and those of acquittal; b) in civil and commercial matters, where they declare the state of interdiction, of incapacitation or bankruptcy. Art. 2. - The office of criminal records shall issue the required certificates and permitted by law for the reasons, to people and to the extent it marked, and provides the main elements for judicial statistics, as well as those other data affecting the Public Administration . Art. 3. - The Criminal records service and entrusted to the Chancellor of Commissioners and is under the direction and supervision of the Law Commissioner. Art. 4. - The following can be requested and be released certifies: a) General Certificate, which are transcribed all decisions on existing civil matters to the person's name and indicated of which is not prohibited by law the transcript; b) criminal record in which only transcribe the spoken decisions in criminal cases, within the limits set by law; c) Civil certificate, concerning only the interdiction statements of disqualification and failure and criminal convictions it imports, for a declaration of the judge or prosecutor of the law, the legal interdiction. Art. 5 - The judicial authority, and each public administration, for reasons of political or administrative electorate, to transfer or enjoyment of the pensionable, of governmental and public charity, can request and obtain a certificate of enrollment at the existing name of the person designated. The certificate is also issued on the demand of every private citizen, if the proper name, without however justified the reason, and if the name of another, solely to produce it in criminal or civil proceedings, or for political reasons electorate or an administrative or to transfer or exercise of public office. Art. 6. - In the certified extracts from Casellario must not make any mention: 1. the acquittals pronounced by any court or for whatever reason; 2. convictions for offenses that a subsequent law has deleted from the list of crimes or, in the case of foreign judgments, are not expected as crimes in the San Marino law; 3. convictions followed by acquittal in the review; 4. the sentences for misdemeanors; 5. for the failure judgments, interdiction, or disqualification, when have been withdrawn; 6. convictions extinct for amnesty or with respect to which are granted rehabilitation; 7. the first sentence of monetary fine or imprisonment, alone or accompanied by another penalty, not exceeding six months, committed by person lower the age of 18, and not susseguita recurrence according to the law; 8. any other sentence to imprisonment alone or accompanied by another penalty, not exceeding three years, after ten years from the day when the sentence was served or the conviction extinguished, as long as it is not condemned relapsed or who have not subsequently committed other offense for which the punishment of imprisonment has been imposed. If the sentence is a fine or imprisonment not exceeding one year, the term of only five years; and the judge, in view of the background of the convicted and the factual circumstances, the sentence can shorten the term. You may also order that there is no mention dellacondanna the certificate, so long as the offender does not commit another offense for which is the inflicted the penalty of imprisonment. The certificate is always countersigned by the Law Commissioner. Art. 7. - rising up quarrels against the application of this Act, or wondering adjustments in enrollment or in certificates of giudiziar record or, provides office or the instance of the party concerned the Law Commissioner. From the Commissioner's decision is not permissible that the appeal to the General Council. Art. 8. - Whoever falsely denouncing the other's name in place of its own or by making false statements on the civil status of a defendant, is drawn because of improper recording of some in the criminal record shall be liable unless the major penalties that were incurred, imprisonment from one month to two years. Art. 9. - Whoever, being aware, for reasons of office, the inscriptions contained in the Filing Cabinet, the post and blatant unfair to others, is punished with imprisonment up to one year or a fine of up to three thousand pounds. Art. 10.
- Any person receiving, with fraud, be issued with a criminal record to the name of another, namely, awarded the certificate to the name of another, uses it for a purpose other than that for which it was issued, he is punished with imprisonment up to six months or a fine of up to two thousand lire. REGULATION. Art. 1. - The recordings of Criminal records are made through individual tags to the names of the persons they refer to the decisions conform to the specimens No. 1, 2, 3, annexed hereto. The card must be completed no more 'later than the tenth day, one in which the decision becomes irrevocable and, being uttered judgments by foreign judges, within ten days, the one in which it was communicated to the Chancellor. Art. 2. - The card is also signed on to the judgments of interdiction or incapacitation, and for the front bankruptcy orders the implementation of this Regulation and not yet revoked. Art. 3. - The card is personal. These are personal decisions, it gives distinct information for each imputation title. Art. 4. - For each request contained in the card must give the corresponding news. If the records and documents of Nonp ssa inferred proceeding out any of the desired news, it does the research office can administer it. Anyway, I spent ten days from that on which the decision became irrevocable, the card must be completed and submitted, although missing some information, which will be later communicated. If the missing information is in-process research, to the same place, in the card, it does the record (in pencil) "request" but if the news you can not have, the record (with ink) "is not"; and, whether the case is the case of the same, the annotation (in ink) "hypothesis is not included." Art. 5. In the act of signing the alt tag should be completed by the official made a conforming to model No. 4 tab, for all tags that import decisions referred debbasi to mention the certified extracts from the records. To facilitate the compilation of the statistical counting cards, as well as research in the local records, the cards are distinguished by a different color of paper, depending on whether criminal badges, civil or bankruptcy and, for the first, according to whether it is misdeeds, crimes or misdemeanors. Art. 6. - The tags and cards are marked with the same serial number; and then the cards are placed in strict alphabetical order and posizi it vertically, in special files, while the badges are kept in perfect numerical order, within suitable envelope. Where in the record there are other inscriptions with the name of the same individual, the new card is canceled, and the number marked in the existing board is repeated on the new card. Art. 7. - In addition to the cards corresponding to the specimens No. 4, are formed and placed in the record, in alphabetical order of the carriers recall cards: a) for women married or widowed husband's surname; b) for those who are usually called by a nickname or alias, the header of the nickname or alias. If a name is preceded by a separate particle, the header is made starting from this. Art. 8. - When it comes to a foreigner, against which it was uttered criminal conviction, has formed a second copy of the card to a communication to the government of the foreign state, in accordance with existing agreements. Art. 9. - The cards at the time of their enumeration and classification, must be recorded in a chronological formulary decisions, conforming to model No. 5, and an alphabetical list of inscribed, conforming to the model No. 6.