Chief Executive Decree 27 February 2014 N.21 - Ratification Decree Law 5 December 2013 164 - Provisions In Matter Of Cooperation For The Recovery Of Assets In The Field Of Finding And Dell

Original Language Title: Decreto Delegato 27 Febbraio 2014 N.21 - Ratifica Decreto Legge 5 Dicembre 2013 N.164 - Disposizioni In Materia Di Cooperazione Per Il Recupero Dei Beni Nel Settore Del Reperimento E Dell

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17135760.html

REPUBLIC OF SAN MARINO DECREE - LAW 27 February 2014 21 (Ratification Decree-Law 164 of December 5, 2013) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 164 of December 5, 2013 - "Provisions cooperation for asset recovery in the field of tracing and identification of proceeds of crime or other property related ", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law December 15, 2005 and 183 of Article 12 of the Qualified Law 184 of 15 December 2005, namely: - the need to implement the commitments made by the ratification of the Monetary Convention between the Republic of San Marino and the European Union signed in Brussels on 27 March 2012 took place with Decree Consiliare 7 August 2012 n. 120, Annex A includes among others the implementation of Decision 2007/845 JHA; - The urgent need to make timely adaptations to the legislation of San Marino to the legal provisions of the European Union mentioned in that Annex; Given the decision of the Congress of State no. 18 adopted at its meeting on 3 December 2013; Having regard to the amendments made to the decree above in connection with ratification of the same by the Great and General Council at its meeting on 25 February 2014; Having regard to the Great and General Council resolution No. 14 of 25 February 2014; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the final text of the Decree - Law 164 of December 5, 2013 as amended as a result of the amendments approved by the Great and General Council at the time of ratification of the same: RULES RELATING TO COOPERATION FOR ASSET RECOVERY IN THE FIELD tHE pROCUREMENT aND iDENTIFICATION oF pROCEEDS oF cRIME OR oTHER pROPERTY iN CONNECTION Art. 1 (Office for asset recovery) 1. in order to facilitate the retrieval and identification of proceeds of crime and other crime related property, l ' office National Central Interpol Bureau carries out functions for asset recovery, in the Republic of San Marino. 2. For the purpose of paragraph 1, the following functions are assigned to the Office Interpol National Central: a) identify assets or funds referred to in Article 1, paragraph 1, letter e) of the Law 17 June 2008 n. 92, at present the financial entities referred to in Article 18 of that Act and other assets or funds held in the Republic of San Marino; b) take the appropriate action to seek, identify and locate the proceeds of crime and other assets or funds directly or indirectly related to offenses that may be the subject of protective measures, seizure or confiscation issued by the competent court; c) cooperate with foreign authorities that perform the same functions of offices for asset recovery. Art. 2 (Cooperation between Offices) 1. The Central National Interpol Office collaborated by exchanging information, to request or initiative, with foreign authorities that perform the same functions. 2. The information and cooperation can be requested to the detection, prevention or investigation of an offense where there are objective reasons to believe that relevant information can be available in the other State. Art. 3 (Exchange of information between Asset Recovery Offices on request) 1. The exchange of information on request between the Interpol National Central Bureau with an office for the recovery of the assets of another State, for purposes specified in this decree-law, takes place using the attached forms under the letters a and B to this decree - law. 2. When filling in the format of Annex B, the Office for the recovery of specific applicant objects the object and reasons for the request and the nature of the proceedings. It provides indications as exact as possible on property targeted or sought and / or the natural or legal persons presumed to be involved. Art. 4 (Spontaneous exchange of information between the offices for Asset Recovery) 1. The Office of the National Central Interpol can also exchange, even on its own initiative, information with counterparts Recovery Offices of the goods if there are objective reasons to believe that the information and cooperation could assist in detecting, preventing or investigating offenses under Article 2, paragraph 2, of the Framework Decision 2002/584 / JHA of the Council of the EU limited to what is deemed relevant and necessary for the successful outcome of the detection, prevention or investigation of the crime or criminal activity. Art. 5 (Time limits for provision of information)
1. The Office of the National Central Interpol respond within eight hours to urgent requests for information concerning the offenses referred to in Article 2, paragraph 2 of the Council Framework Decision of the European Union 2002/584 / JHA, when the requested information is stored in a database to which the Interpol National Central Bureau can access directly. 2. If the National Central Interpol Bureau is unable to respond within eight hours, it shall provide reasons in the form set out in Annex A. Where the notice within the period of eight hours of required information constitutes a disproportionate burden on the 'National Central Interpol Office, this can posporne communication. In this case the Central Office shall immediately inform the National Inperpol postponing the requesting authority and communicate the information as soon as possible and in any event within three days. 3. In non-urgent cases the Interpol National Central Bureau responds within a week to inquiries concerning offenses referred to in Article 2, paragraph 2 of the European Union Council Framework Decision 2002/584 / JHA, when the information requests are stored in a database to which the Interpol National Central Bureau can access directly. If it is unable to respond within one week the Interpol National Central Bureau shall provide reasons in the form set out in Annex A. 4. In all other cases the Interpol National Central Bureau shall provide the requested information within fourteen days. If it is unable to respond within fourteen days, the Interpol National Central Bureau shall provide reasons in the form set out in Annex A. Art. 6 (Confidentiality) 1. All data and information exchanged pursuant to this Decree - law are covered by professional secrecy, even in the case of public administrations. Professional secrecy can not be opposed to the judicial authorities penalty. 2. The Interpol National Central Bureau implements, also through information technology, measures to ensure that the data and information acquired are not accessible to third parties. 3. The exchange of information can take place using any existing channels for international cooperation. 4. The information exchanged may be used only for the purposes specified in this Decree - Law, can not be used as evidence before a judicial authority and can not be forwarded to third parties without the prior consent of the Central National Interpol wrote . Art. 7 (Best practices) 1. The National Central Interpol Office cooperates with counterparts Recovery Offices of assets, also by exchanging information about best practices to be adopted to improve the effectiveness of the efforts of direct states to identify and retrieve proceeds of crime and other crime related property which may be the subject of protective measures, seizure or confiscation issued to the competent judicial authority. Art. 8 (Relationship to existing arrangements for cooperation) 1. The implementation of this decree - law does not prejudice the obligations pursuant to the Republic by the international instruments on mutual legal assistance or mutual recognition of decisions in criminal matters, agreements or bilateral or multilateral agreements between States in the field of mutual legal assistance. Art. 9 (Grounds for refusing to provide information) 1. The Interpol National Central Office may refuse to provide information in cases where there are one or more grounds specifically mentioned in Article 10 of the European Union Council Framework Decision 2006 / 960 / JHA or by Annex A to this decree-law. Art. 10 (Communication) 1. Within 10 days of the entry into force of this Decree - Law, the Department of Foreign Affairs shall, in writing, through diplomatic channels, to the General Secretariat of the Council and the European Commission, the name of the authority which it was designated a national office for the recovery of assets, and any subsequent changes. Given at Our Residence, this day of 27 February 2014/1713 THE CAPTAINS REGENT Gian Carlo Capicchioni - Anna Maria Muccioli THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini ANNEX A (Decree Law 21 of February 27, 2014) EXCHANGE OF INFORMATION TO UNDER COUNCIL FRAMEWORK DECISION 2006/960 / JHA fORM tO BE uSED bY tHE rEQUESTED MEMBER STATE iN CASE oF TRANSMISSION DELAY oR REFUSAL oF iNFORMATION This form shall be used to transmit information, and / or the required intelligence, to inform the requesting authority
the impossibility of meeting the normal deadline, of the necessity of submitting the request to the authorization of a judicial authority, or of the refusal to transmit the information. This form may be used more than once during the procedure (eg if the request has first to be submitted to a judicial authority and it later transpires that the execution of the request should be refused). Requested Authority (name, address, telephone, fax, e-mail, Member State) Details of the official in charge (optional) Reference number of the answer Date and reference number of previous answer Answer the following requesting authority Date and time of the request Reference Number the normal term of the request under Article 4 of the framework decision 2006/960 / JHA urgent request 8 hours offense referred to in Article 2, paragraph 2 of the framework decision 2002/584 / JHA and the requested information or intelligence is preserved in a database to which the authorities responsible for applying the law of the requested member State can directly access. Urgent request 1 week Other cases 14 days Information transmitted under Framework Decision 2006/960 / JHA: information and intelligence provided 1. Use of transmitted information or intelligence can be used only for the purposes for which it was provided or for the prevention of a serious and immediate danger to public safety; It is also authorized for the purpose, (optional) to the following conditions: 2. Reliability of the reliable source for the most reliable not reliable can not be assessed 3. Accuracy of the information or some intelligence established by source confirmed hearsay unconfirmed hearsay say 4. the result of the investigation into the crime or intelligence operation within which the exchange of information has taken place has to be reported to the authority making the transmission yes no 5. in case of spontaneous exchange: reasons that lead us to believe that the information or intelligence could assist in detecting or preventing offenses under Article 2, paragraph 2 of the framework decision 2002/584 / JHA or investigating such crimes. DELAY - It is not possible to respond within the period provided for in Article 4 of the Framework Decision 2006/960 / JHA The information or intelligence can not be provided within the deadline set for the following reasons: It will probably be offered within: 1 day 2 days 3 ___ days weeks 1 month E 'was asked to authorize a judicial authority. It is expected that the procedure for granting or refusing authorization will last ___ weeks REFUSAL - The information or intelligence: Could not be transmitted and requested at national level; or can not be transmitted to one or more of the following reasons: A - Reason connected with judicial control which prevents the transmission or requires the use of mutual judicial the competent judicial authority has not authorized the access and exchange for as for the information or intelligence information or intelligence request was previously obtained by coercion and national legislation does not allow the transmission information or intelligence is not held - the authorities responsible for law enforcement; or - public authorities or private bodies in order to be available to law enforcement authorities without the taking of coercive means B - the communication of information or intelligence requested harm essential national security interests or would jeopardize the success of an inquiry, a criminal intelligence operation or the safety of people or would clearly be disproportionate or irrelevant to the purpose for which it was requested. If the boxes are marked A or B, to add, if deemed necessary, additional information or indicate the reason for the refusal (optional): D - The requested authority decides to refuse execution because the request pertains, under the law the requested member State, to the following offense (specify the nature and legal classification of the offense) ........................... .. punishable by a term of imprisonment of one year or less E - the requested information or intelligence not available
F - The requested information or intelligence has been obtained from another Member State or from a third country and is subject to the principle of specialty and the Member State or third country in question has not given consent to the transmission of information or intelligence . ANNEX B (Decree Law 21 of 27 February 2014) INFORMATION EXCHANGE UNDER COUNCIL FRAMEWORK DECISION 2006/960 / JHA FORM TO BE USED BY THE STATE MAKING REQUEST FOR INFORMATION AND INTELLIGENCE This form is used to request information and intelligence in accordance with framework decision 2006/960 / JHA. The administrative -Information applicant authority (Name, address, telephone, fax, e-mail, Member State) Details of the official in charge (optional) At the following Member State Date and time of the request Reference number of previous request Requests And 'the first request concerned in this case the request is next to other previous case concerning the same request / Response previous requests / responses Date reference number (in the requesting member State) Date reference number (in the requested member State) 1. 2. 3. 4. If the request is sent to more of the member State authorities requested please specify each channel used UNE / Europol liaison Officer For information For execution national central Bureau INTERPOL For information For execution Sirens For information For Official design connection For information For execution other (please specify) For information For execution If the request is sent to other member States, please specify the other member States and the channel used (optional) II - Terms pm: deadline set in Article 4 of the framework decision 2006/960 / JHA a - the offense is covered by Article 2, paragraph 2 of the framework decision 2002l584 / JHA and the 'information or intelligence request is stored in a database to which the law enforcement authority has access directly If the request is urgent  time: 8 hours with possibility of extensions If the request is not urgent  Time: 1 week B - Other cases:  Deadline: 14 gliomas request urgent Reasons not urgent request urgency (for example people suspects are in custody, the procedure must be brought before the court before a specific date) information or intelligence requested TYPE cRIME (I) oR ACTIVITY 'CRIMINAL (I) sUBJECT oF INVESTIGATION Description of the circumstances of the crime / offense, including the date , place and degree of participation of the person who is the subject of the request for information or intelligence: Nature of the crime / offenses a - Application of Article 4, paragraph 1 or paragraph 3 of the framework decision 2006/960 / JHA A1. The offense is punishable in the requesting Member State by a custodial sentence of a maximum of at least three years and A2. It is one of the following offenses: participation in a criminal organization laundering of proceeds from crime Terrorism Trafficking Counterfeiting of currency, including the euro counterfeiting Sexual exploitation of children and child pornography Cybercrime Illicit Traffic in Narcotic Drugs and substances psychotropic illicit trafficking of weapons, munitions and explosives corruption environmental crime, including illicit trafficking in endangered animal and illicit trafficking in species and in endangered plant species. Abetting and unlawful entry and residence murder, grievous bodily injury illicit trafficking of human organs and tissues fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the Communities European kidnapping, illegal restraint and hostage-taking thefts organized or use of weapons Racism and xenophobia illicit trafficking in nuclear and radioactive substances illicit trafficking in cultural goods, including antiques and works of art Trafficking in stolen vehicles Scam Rape Racketeering and extortion arson Counterfeiting and piracy of products Crimes falling under jurisdiction of the international criminal Court Forgery of administrative documents and trafficking therein of aircraft / ships Hijacking Forgery of means of payment illicit trafficking in hormonal substances and other growth factors Sabotage
 The offense is therefore covered by Article 2, paragraph 2 of the Framework Decision on the European arrest warrant ~ With respect to time limits for responding to this request therefore apply paragraph 1 (urgent cases) and 11 paragraph 3 (cases non-urgent) of Article 4 of the framework decision 2006/584 / JHA. Or B - crime / s they are not is (are) referred to / from the letter A. In this case, a description of the offense / offenses: Purpose of the request for information or intelligence Nessus between the purpose of the request for information or intelligence and the person subject of the information or intelligence Identity (if known) of the person / people the main subject of the criminal investigation or criminal intelligence operation underlying the request for information or intelligence reasons that lead us to believe that the information or intelligence is in the requested State Restrictions on the use of information provided in the request for purposes other than those for which it was transmitted or the prevention of an immediate and serious threat to public safety use authorized unauthorized use, but should not be mentioned those who provided the information used not allowed without the permission of those who provided information does not permit the use