Law 31 Mrazo 2014 42 - Institute Of Penal Reform Decree

Original Language Title: Legge 31 mrazo 2014 n.42 - Riforma dell’istituto del Decreto Penale

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Draft Law "Changing Composition Commissions Cooperation, Prices, P SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law no. 186/2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on March 27, 2014: Law 31 March 2014 n. 42 REFORM OF THE INSTITUTE OF CRIMINAL DECREE Art. 1 1. This Act regulates a criminal order. Art. 2 1. The Law Commissioner when after an examination of the acts and the investigations carried out, considers that it should apply the fine, the daily fine and disqualification, or one or the other of these penalties, although envisaged as an alternative to imprisonment or arrest, he can pronounce penal order, while placing on the prejudiced the costs of the proceedings. 2. The penalty decree can not be pronounced for crimes referred to in Article 164 of the Criminal Code. Art. 3 1. The penalty order contains the same header of judgments and contains: a) the name of the authority giving the decision; b) the identity of the accused or other personal information that apply to identify him; c) the indictment; d) a concise statement of the grounds of fact and law on which the decision is based; e) the sentence indicating the applied articles; f) the date and the signature of the judge and the court. 2. With the decree condemning the court orders confiscation where applicable under Article 147 of the Criminal Code, or the return of seized things, allows the suspended sentence and no mention of condemnation. 3. The offense is extinguished if, within five years the accused does not commit a crime, the crime or offense of the same nature. In this case it is extinguished all criminal effects and condemnation by decree does not prevent the granting of a subsequent probation. Art. 4 1. The order shall be served on the accused, the defender of trust or, failing that, the public defender and the Prosecutor of the Treasury with a formal warning that if within thirty days of notification is not opposition filed, the decree will become executive. 2. The appeal shall be submitted to the Law Commissioner who issued the decree. Art. 5 1. The application must be made in person at the Court by the accused or defendant of confidence. 2. In the act referred to in paragraph 1, the part that holds the decree must elect domicile in the territory of the Republic. In domiciled are performed all notifications relating to the proceedings. Art. 6 1. The Prosecutor of the Treasury may appeal against a criminal decree pronounced outside of the indicated cases in Article 2 or where it considers that it would have applied the penalty of imprisonment or arrest. Art. 7 1. 'inadmissible the opposition filed after the deadline, or by a person not entitled. An impediment is declared by order. 2. Against the order of inadmissibility the opposing party may bring an appeal to the Appeals Judge. 3. If the proposal is not opposition or if it is declared inadmissible, the judge who issued the sentence decree ordering the execution. Art. 8 1. Subject to Article 7, the investigating judge who issued the penal order, received the notice of opposition, revoking the decree of condemnation and has the indictment for the same matter already contained in decree. 2. At the trial of first instance and the additional steps of the process, the provisions of the Criminal Procedure Code. 3. In the resulting opposition proceedings, the judge can apply a penalty also different and more severe than indicated in the decree of condemnation and withdraw the benefits already granted. Art. 9 1. In the case of connection with another offense for which can not be pronounced a criminal order, we proceed in the manner prescribed by the Code of Criminal Procedure. Art. 10 1. The preceding provisions shall also apply to proceedings for which the date of entry into force of this law was not prepared for trial. Art. 11 1. The following are repealed: a) Law 35 of 9 September 1919; b) Article 1 of Law 43 of October 18, 1963. Art. 12 1. This Law shall enter into force on the fifteenth day following that of its legal publication. Our Residence, this day of 31 March 2014/1713 THE CAPTAINS REGENT Gian Carlo Capicchioni - Anna Maria Muccioli THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini