Law July 15, 2014 105 - Establishment Of A Council Committee On Inquiry On Alleged Political Responsibility O Administrative Tied To Each Other "cash Savings"

Original Language Title: Legge 15 Luglio 2014 N.105 - Istituzione Di Una Commissione Consiliare D'inchiesta Su Presunte Responsabilit Politiche O Amministrative Legate Alla Vicenda "cassa Di Risparmio"

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Draft Law "Changing Composition Commissions Cooperation, Prices, P


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
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on July 14, 2014:

LAW July 15, 2014 105


Art.1 (Establishment and tasks of the Commission)

1. In accordance with the agenda approved by the Great and General Council in
meeting on 17 April 2014, has established, in accordance with Article 15 of the law 11 March 1981 n.21 "
Reform of Council Regulation Grande and General ", a Council Commission of Inquiry to
order to identify political responsibilities and administrative
who gravitated around the Savings bank in Delta Italian banking group, with special reference to:
a) the authorization given and the controls carried out by the Authority on investment watch Sparkasse
of San Marino in the Delta Banking Group;
B) the role played by the Secretaries of State, by the Regulatory Authority and any other exponents
policy in the sale of the shares of Delta by Sopaf in Cassa di Risparmio di San Marino and all
'eventual payment of a premium;
C) the possible conflict of interests of representatives of San Marino with those who
contrasted the interests of the San Marino Savings Bank.
2. The work of the Commission proceed in parallel and independently with any action
of the judicial authority on the same facts. 3
. The hearing of witnesses takes place under the notice of penalty provided by the criminal procedure.
4. The Commission, prior to the filing of the final report, must listen to those who
are cited in the report.
5. Those summoned on a given fact, once filed the report concluding
, where a criminal case was opened in connection with these matters, have the right to ask
, under the terms of the Criminal Procedure, the Investigating judge can take
inspect the records of the proceedings objects, reiterated the confidentiality and secrecy of the
Commission acts. E 'except the right to receive copies of the same acts.
6. For the assessment of facts of criminal relevance, the Commission shall Forces
Police for the necessary details. The Police, where they observe that those facts are
configured as a criminal offense, shall submit its report to the Tribunal.
7. The Commission may make use of the judicial cooperation, bodies and supervisory
of the AIF; He can not avail themselves of judicial
international collaboration.

Art.2 (Appointment and composition)

1. The Commission, in derogation from the rules on the composition of the Board's
Permanent Commissions, consists of ten directors, five of whom indicated by the five forces of the majority and the minority
forces, appointed by an absolute majority by the Great Council,
2. They can not be part of the Commission:
a) professionals free Councillors enrolled in the Lawyers and Notaries and the Association of Professional
Accountants and Auditors of the Republic of San Marino, or have
entertained professional relationships that can either be a conflict of interest;
B) Directors who are or have been after 1 January 2002
employees or members of the Board or of the Central Bank Board of Directors, or companies or
entities subject to the Law on November 17 2005 165 (LISF);
C) Directors who, as members of the State Congress, have been called after 1
January 2002 to participate in the Committee for Credit and Savings.

Art.3 (President)

1. Among the nominated directors, the Great and General Council shall designate the President of the Commission
2. The President convenes and chairs the meetings, represents the Commission in its relations
with the outside and with the other institutions. 3
. In case of absence or impediment, the President is replaced by the most senior Director
in charge and, in the event of equal seniority, by the eldest.

Art.4 (specifications)

1. The quorum for meetings is required the presence of half plus one of the Commissioners; the

Resolutions are adopted by an absolute majority of its members. In case of a tie,
, the Chairman.
2. The Commission:
a) can refer, through its Chairman, to the Great and General Council in relation
progress of work, formulating guidelines, resolutions, proposals or suggestions;
B) may invite members of the Government and / or directors to report on specific episodes or
C) hearing has power over the Executive Magistrate, the people in charge of the various security services
, control and supervision of the State, as well as require reports and references to the same
. 3
. The Commission should complete its work, reporting to the Great and General Council
with a detailed report, within six months of its establishment. The term of duration
may be extended, for justified reasons, by a special resolution of the Great and General Council
4. The Commission shall forward to the Judicial Authority and all actions that may be prosecuted.

Art.5 (Regime of the sessions)

1. The Commission's sessions are generally secret, but can be declared public
majority decision on the Commission.
2. The Commission's sessions are held in a hall of the Public Palace. 3
. The minuted secretary of the Commission, are carried out by an official
Office Institutional Secretariat. For the preparation of the minutes, the provisions of which
Article 14 of Law 21 March 1995 n.42.
4. Members of the Commission and the tax inspectors of the same officials are required to the investigation

Art.6 (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 15 2014/1713 dFR

Valeria Ciavatta - Luca Beccari


Gian Carlo Venturini

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