Law July 1, 2015 103 - Provisions In Matter Of Things Rediscover

Original Language Title: Legge 1 Luglio 2015 N.103 - Disposizioni In Materia Di Cose Ritrovate

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17142402.html

Council Commission THE PERMANENT FINANCE, BUDGET AND PROGRAM; CRAFTS, INDUSTRY, TRADE; TOURISM, SERVICES, TRANSPORT AND TELECOMMUNICATIONS, WORK AND COOPERATION its meeting on November 14, 2014 examined and approved at the referen


SAN MARINO



We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on June 25, 2015:


LAW 1 July 2015 103

PROVISIONS IN THE MATTER OF THINGS FIND

Art.
1 (Purpose)

1. This Act regulates the management of things found on the territory of the Republic of San Marino
.

Art.
2 (Scope)

1. The provisions of this Act shall apply to things found when not
directly returned by the finder to the rightful owner or possessor.
2. The provisions of this Act shall not apply:
a) motor vehicles with license or with other recording system enabling
locate the owner;
B) clearly abandoned objects because they are not working or having a mere scrap value;
C) weapons of any kind, ammunition, explosives or potentially dangerous material for
public health that should only be handed over to the police;
D) objects referred to in Articles 18 and 21 of Law 17 of June 10, 1919 and Article 78 of the Law
18 February 1998 n.30. 3
. Under this law is attributed to the Civil Police Force (hereinafter also
"the Office") management and custody concerning things found.

Art.
3 (Delivery of the thing)

1. Who finds a movable object must return it to the owner, and, if you do not know, must
deliver it without delay to the Office or an official of the police corps.


2. The belonging to the receiving police force delivery, without delay, the Office of the thing
found together with the minutes, of which one is released copy for receipt to the finder, in which
shows information related to the finder, the circumstances of the discovery, the possible
prize claims and possible request for the return of the thing found.


Art. 4
(Deposit and custody of the things found)

1. The Office, receiving on deposit the thing found by the finder or dall'appartenente to the body police
draw up a special report, which is issued receipt for delivery to the finder himself.
2. The minutes referred to in paragraph 1 shall include:
a) a detailed description of the thing found;
B) the circumstances of the discovery;
C) the identity of the finder and the details of his identity document, any
prize claims and any request for return of the item found. 3
. In the case of valuables or perceived value (such as, but not limited
jewelry, watches, etc.) The report referred to in paragraph 1 is likewise accompanied by photographic documentation
.
4. Things found and delivered to the Office shall immediately taken over by
record in a special register serially numbered in a computer kept in
which shall contain the date of deposit, the item description, the identity of the
finder and the extremes of his identity document as well as all subsequent transactions relating to the same subject matter
prescribed by this Act.
5. The delivery of the things discovered by members of the police force in the performance of their duties
, is via delivery note or service report containing the description of the things
and the discovery circumstances. Such persons are not entitled to acquire ownership
of things found during the performance of work activity.
6. The Office does not issue the report required by paragraph 1 if the thing found is of little or no value
. Of these things it shall mark the only date of discovery and, after three months from that date
, without someone to appear to claim them, the same is disposed of or, as the case
, donated to associations of charities in the area.
7. Things estimated or high value (such as, but not limited to jewelry,
watches, cash, etc.) Are kept in a special safe or security cabinet
entrusted to the direct responsibility of the Office's staff.
8. If the thing found is perishable or in precarious hygienic sanitary conditions, the Office

Provides after twenty-four hours of storage to its destruction.
9. Bags, rucksacks, suitcases or more generally closed containers, also key, must be
still open for safety reasons.
10. In case of discovery of dangerous substances, harmful or suspicious, the Office provides to
notify the competent authority and in case of suspected container opening is made by the authorities
specialized in the field.
11. If there is reason to suspect that the thing found is of illegal origin or
may constitute material evidence, in addition to the obligations under this Act, the Office shall
communications judicial authority.
12. The Office is not liable for any damage that occurred before the filing of the objects themselves.
13. The Office does not provide descriptions of objects in custody.
14. Things filed can not be viewed by the public.

Art. 5
(the discovery Advertising)

1. Were the things found is announced with the publication on the Office
, to be done on a monthly basis after updating.
2. The list of found and stored things may be consulted by computer on the Internet portal
Public Administration of the Republic of San Marino and may be published in the press if
free. 3
. List referred to in paragraph 1 the object is summarily indicated.


Art. 6
(Examination)

1. When the discovery of the conditions or the nature of the thing
allow the immediate identification of the owner, the Office shall arrange to warn him of the deposit by providing the necessary information
about the withdrawal mode.
2. The bank or postal savings deposit or current accounts, checks, money orders, booklets pension
, credit cards or debit cards or similar documents, if it is impossible
identify the owners or claimants on such securities, they are subject to disclosure by
for institutions and issuers office by registered mail with return receipt 3
. The identity documents or identification are sent by the Bureau to the holder with a charge
of postage.
.

Art. 7
(Returning to the owner)

1. Things found are returned, previi investigations deemed necessary, to the one who
within one year from the date of publication of the finding, claims to be the owner.
The refund is prepared the minutes which shall, in addition to the date at which the return
:
a) the full name of the owner together with the ends of a
identification document;
B) the information provided by the owner to prove his quality;
C) the circumstances of place and time stated by the owner on the loss of the possession of the thing;
D) an indication of the police force at which the owner has reported the loss of the thing.
2. The refund must be disclosed to the finder, if it was made for prize claims,
and the police force from which the owner has eventually denounced the loss of the object
. 3
. The only things viewable by the applicant are those referred to in Article 4, paragraph 6,
difficult to identify or interest for the owner only.
4. In case of death of the owner it is returned to the heirs provided they have
regular certificate attesting that quality.

Art. 8
(Returning to the finder)

1. One year from the date of publication of the finding, without the owner is
is presented to request the return of the thing, it is made available to the
finder, who has requested, which is required to withdraw it within thirty days from the date of communication referred to in paragraph 2.

2. The Office, one year from the date of publication of the finding, provides for
invite the finder, who has requested, the withdrawal of what was found, after showing
of the receipt referred to in Article 4. | || 3. The refund must be by special act signed by the recipient and by the employee of the Office
by the submitting.
4. They are excluded from delivery to the finder keys, photographs and objects that contain sensitive data
and / or personal.
5. In case of death of the finder it is returned to the heirs, provided they have a valid certification
certifying this quality.

Art. 9
(costs)

1. The owner or the finder it intends to withdraw the thing is required to pay a
expenses, incurred for storage and safekeeping of the thing found, amounting to EUR 15.00
(fifteen / 00).

2. Pocket expenses, properly documented, supported
Public Administration must be repaid before the delivery of the thing found.

Art. 10
(Award to the finder)

1. The owner is obliged to pay the finder, if required, a premium equal to
one twentieth of the amount or value of the thing found. If it has no commercial value,
the award measure is fixed in agreement between the parties.
2. In relation to the documents referred to in Article 6, paragraphs 2 and 3, there is no obligation to pay the finder
any awards. 3
. The Office provides the data to the owner of the finder, which provides under its
responsibility to pay the finder a prize.
4. It remains excluded any interference or mediation Office, although you require from
parties, about the claims and disputes relating to the Prize.

Art. 11
(Estimation of objects)

1. The estimated value of objects, if necessary, be developed by the owner and the
finder.

Art.
12 (Purchase of the property by the Most Excellent Chamber)

1. After the time limits set out in Articles 7 and 8, without the beneficiaries had implemented the
withdrawal of the things found, such assets are acquired the assets available Most Excellent Chamber.
2. The Office shall annually, no later than the month of April, to form a list of
all things found in the deposit that have become the property of the Most Excellent Chamber and may, except for made
sums of money and as provided in Article 4, paragraph 6:
a) dispose of the things found at public auction;
B) use things found to help the administration offices, in this case
are inventoried in the inventory registry of movable property;
C) donate things found in institutions and public and / or private entities, non-profit and
charities in the area;
D) authorize the disposal of the things found. 3
. The Office authorizes the destruction of things that are in a very bad state of use or do not
comply with the rules on safety, which is not appropriate to be alienated.

Art. 13

(Transitional Provisions)
2. The list of things found filed and stored for more than six months at the
police bodies is published on the basis of the provisions of Article 5, within fifteen days after the entry into force of this Act
.
1. Things found still deposited and stored, the entry into force of this
law for more than six months at the police, are sold on the basis of the provisions of which
Article 12, paragraph 2, by respective police forces, if within sixty days after the entry into force of this Act
not received request for reimbursement by the finder.

Art. 14

(Entry into force)

1. This Law shall enter into force on the fifth day following that of its legal publication
.



Our Residence, this day of July 1 2015/1714 dFR



THE CAPTAINS REGENT
Andrea Belluzzi - Roberto Venturini



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini