LAW 30 November 1995 n REPUBLIC OF SAN MARINO DECREE - LAW 15 July 2013 83 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need 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 adapt existing legislation on international cooperation and judicial assistance in order to strengthen security and develop cooperation between States in the fight against terrorism and to regulate new types of offenses; - The urgent need to give immediate feedback to the aforementioned need for a rapid adaptation to the latest international standards, Given the decision of the Congress of State no. 24 adopted at its meeting on July 9, 2013; Promulgate and publish the following decree-law: URGENT MEASURES OF ALIGNMENT THE GLOBAL STRATEGY TO COMBAT TERRORISM TITLE I GENERAL PROVISIONS Art. 1 (Scope) 1. This decree - law contains urgent measures to prevent, disrupt and punishing conduct that would constitute manifestation of international terrorism. 2. Serious offenses provided in this Decree-Law, in particular those designed or calculated to sow terror in the population, in a group of persons or individuals, may in no circumstances be justified by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar reasons. Art. 2 (San Marino Jurisdiction) 1. Subject to the provisions of Articles 5 and 6, paragraph 3 of the Criminal Code, is subject to the law of San Marino: a) the foreign citizen who commits the offenses provided in this Decree-Law; b) the foreigner who commits abroad offenses to which this decree-law, when in the territory of the state and not an order for the extradition; c) the foreigner who commits abroad one of the offenses listed in Article 5 in the harm that person enjoys international protection, as referred to in paragraph 1 of Article 4, due to the tasks entrusted to it on behalf of the Republic of San Marino. CHAPTER I REPRESSION OF TAKING OF HOSTAGES Art. 3 (Hostage-taking) 1. Anyone who kidnaps a person or holds it in his power and threatened to kill her, to hurt her or continue to hold it seized in order to compel a third person, whether a State , international intergovernmental organization, a natural or legal person or group of persons, to do any act or abstain, by making the release of the kidnapped person to such act or omission, shall be punished with imprisonment of sixth grade. CHAPTER II PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS Art. 4 (Definitions) 1. The term "person who enjoys international protection" includes: a) every head of State, including any member of a collegial body which performs the functions of head of state under the Constitution of the State in question; every head of government or minister of foreign affairs when that person is in a foreign state, as well as members of his family who accompany him; b) any representative, officer or official character of a state and every officer, official figures or other agent of an intergovernmental organization which, at the time and place where a crime is committed against him, his official premises, his private home or his means of transport, can claim in accordance with international law special protection against any injury to his person, his freedom or dignity, as well as members of his family forming part of his household community. Art. 5 (Crimes against Internationally Protected Persons) 1. The penalties provided for in the Criminal Code for crimes of murder, bodily harm, beatings, kidnapping, domestic violence, threats, robbery, extortion in person harm that enjoys a international protection, as referred to in paragraph 1 of Article 4, are increased by one degree where the offenses are determined, even indirectly, from the functions exercised by the victim. 2. The penalties for offenses consumed, missed and tempted to corruption and violation of domicile, committed against offices and private homes belonging to the persons specified in the preceding paragraph, or against the means of transport used by these people, they rose up to two degrees when such crimes are determined, even indirectly, from the functions exercised by the victim. CHAPTER III PHYSICAL PROTECTION OF NUCLEAR MATERIALS AND INSTALLATIONS AND
REPRESSION OF ACTS OF NUCLEAR TERRORISM Art. 6 (Definitions) 1. For the purposes of this Decree-Law shall mean: a) "radioactive material" any nuclear material or other radioactive substance containing nuclides which spontaneously disintegrate (processes accompanied by the issue of one or more types of ionizing radiation such as alpha, beta, gamma and neutron) and could, given their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or the environment; b) "nuclear material" plutonium, except that the concentration of plutonium isotope 238 is more than 80 percent, uranium 233, uranium enriched in the isotope 235 or 233, uranium containing the mixture of isotopes It is found in nature in different forms from those of mineral or mineral residues, as well as any other material containing one or more of the above mentioned elements; c) "uranium enriched in the isotope 235 or 233" uranium containing the isotope 235 or the isotope 233, is both the isotopes, in an amount such that the ratio between the sum of these two isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; d) "nuclear installation": 1) any nuclear reactor, including a reactor embarked on board a ship, a vehicle, an aircraft or a space vehicle as a source of energy used for propulsion of the ship, of the vehicle, of 'of the aircraft or space vehicle, or any other purpose; 2) any device or means of transport used to produce, store, reprocessed or transport of radioactive materials; e) for "explosive device or radiological or nuclear device": 1) any nuclear explosive device, or 2) any device dispersion of radioactive materials or any explosive device in emission of radiation that, because of its radiological properties, cause death, damage corporal serious or substantial damage to property or the environment; f) "nuclear installation" installation (including buildings and equipment) in which they are manufactured, processed, used, handled, stored or permanently disposed of nuclear materials, and where damage or malfunction can cause an emission of significant amounts of radiation or radioactive materials; g) "competent authorities" the organism identified to define the level of physical protection of nuclear material in domestic use, storage and transport on the basis of the levels of physical protection set out in the Convention on the physical protection of nuclear materials and installations, made Vienna October 26, 1979, as amended; until the creation of nuclear facilities or in San Marino, the competent authority is the Department Prevention; h) "active physical protection" the activities of the Armed Forces to prevent or combat the illicit diversion of nuclear material or sabotage or attack on nuclear installations. Art. 7 (Attack in nuclear installations) 1. Anyone attentive to the safety of nuclear installation or facility, the site or the means used for the production, storage or transport of nuclear material, it is prohibited, the fact resulting danger to the public safety, with the captivity of seventh grade. 2. Applies the captivity of eighth grade, and the interdiction of the fourth degree if the facts stated in the preceding paragraph comes the death of one or more persons. Art. 8 (Acts of Nuclear Terrorism) 1. Whoever, for the purpose of causing death or serious injury or to cause substantial damage to property or the environment, procures for himself or other radioactive material that creates a radiological or nuclear device or it is otherwise in its possession shall be punished with imprisonment of sixth grade. 2. Shall be punished with imprisonment of seventh grade anyone for the purpose of causing death or serious injury, to cause significant damage to property or the environment, or to compel a natural or legal person, international organization or State to do a any act or abstain, uses in any way radioactive material or a nuclear device, or uses or damages a nuclear facility in order to be released, or a real danger that releases radioactive material. Art. 9 (Undue procurement and use of nuclear material) 1. Whoever, without the authorization of the competent authority, removes, buys, receives, holds, sells to a third party, uses, transports, imports, exports, turns, alien or scatters environment suitable nuclear material to cause death or bodily injury of one or more persons or substantial damage to property or the environment shall be punished with imprisonment of sixth grade. 2. Applies the captivity of eighth grade, and the interdiction of the fourth degree if the facts stated in
preceding paragraph comes the death of one or more persons. Art. 10 (Appropriation of radioactive material through robbery, extortion, theft and embezzlement) 1. The penalties provided for in the Criminal Code for the crimes of robbery, extortion, theft and embezzlement have increased by one degree when they concern nuclear material. Art. 11 (Nuclear Threat) 1. Whoever threatens to use nuclear material to cause death or bodily injury of one or more persons or substantial damage to property or the environment shall be punished by imprisonment in the fourth degree. 2. Applies the captivity of fifth grade to anyone who threatens to commit a fact referred to in Articles 7, 8, 9 and 10 to compel a natural or legal person or an international organization or State to do or abstain from any act . 3. A penalty of imprisonment for anyone who pretends fifth grade delivery of a nuclear device or a nuclear facility by threat, if carried out in the presence of facts that corroborate the credibility or through violence. Art. 12 (Other radioactive materials, materials or chemical weapons or bacteriological) 1. The penalties referred to in Articles 7, 8, 9, 10 and 11 shall also apply when the conduct relates to different radioactive materials from nuclear material, material or aggressive chemical or bacteriological. Art. 13 (seizure and custody of materials, weapons, and nuclear facilities) 1. In cases where the judicial authority shall proceed to the seizure of radioactive materials or weapons or nuclear plants in relation to the fulfillment of any of the offenses referred to in this Chapter, it give immediate notice to the competent authority, which shall where necessary to put them into emergency safety having recourse, if necessary, of authorized facilities located outside the territory. 2. The property seized pursuant to paragraph 1 shall be conferred in judicial custody in suitable subject indicated by the competent authority; Nuclear material should in any case be maintained in accordance with the safety standards set by the International Atomic Energy Agency, taking into account the recommendations concerning the physical protection, health and safety published by that agency. 3. The judicial authorities shall also communicate the successful execution of the attachment order to the Secretary of State for Foreign Affairs, which shall promptly inform the Director General of the International Atomic Energy Agency for the purpose of communications with the States concerned. 4. Of the goods referred to in paragraph 1 shall always be ordered confiscation. After the passage court decision ordering the confiscation of their allocation provides the Secretariat of State for Foreign Affairs. If under the Convention must be willing to return to a state party, the Secretary of State for Foreign Affairs to do so, including by the conclusion, where appropriate, specific agreements. TITLE II RULES ON INTERNATIONAL COOPERATION, COMMUNICATION, MUTUAL ASSISTANCE AND EXTRADITION Art. 14 (international cooperation measures) 1. The Republic of San Marino collaborates to prevent the offenses referred to in this decree-law: a) taking all measures possible to prevent or impede the preparation in their territory of the offenses referred to in this decree-law intended to be committed within or outside its territory, in particular measures to prohibit the illegal activities of persons, groups and organizations that promote, instigate, organize, knowingly finance or knowingly provide technical assistance or information or commit such crimes; b) by exchanging information on request, and coordinating administrative and other measures which may be taken to detect, prevent and combat crimes referred to in this decree-law and investigate the same and promote criminal pursuits against those suspected of such crimes. 2. The provisions referred to in point b) of paragraph 1 shall not apply when the exchange of information could undermine the security of the state or the physical protection of nuclear materials. 3. The Republic of San Marino protecting the confidentiality of any information received in confidence from another State pursuant to the provisions of Chapter III of this Decree-Law. To this end appointed to act as liaison center, called to communicate and receive information, the Department of Prevention, through the Secretariat of State for Foreign Affairs. Art. 15 (Information to Organizations and States) 1. The judicial authority shall without delay to the Secretariat of State for Foreign Affairs:
a) the successful implementation of a provision that applies the pre-trial detention or house arrest of persons suspected of crimes referred to in this Decree-Law; b) the prosecution occurred for any of the offenses provided in this Decree-Law. 2. The Secretary of State for Foreign Affairs shall immediately notify the measures and the information referred to in the preceding paragraph, either directly or through the Secretary-General of the United Nations: a) the State where the crime was committed; b) the State to which the constriction or attempted coercion has been paid; c) the State of which the natural or legal person, which was the subject of compulsion or duress attempt, is a national; d) the State of which the hostage is a national or in whose territory he has his habitual residence; e) the State or States of which the person enjoys international protection is a national or on whose behalf he performed his duties; f) the State of which the alleged offender is a national or, if he is a stateless person, the State in whose territory it has its domicile or habitual residence; g) international intergovernmental organization that has been the subject of compulsion or duress attempt or intergovernmental organization of which the person enjoys international protection is an official, an official personality or an agent; h) all other States concerned. 3. Any person in respect of which it is adopting measures referred to in paragraph 1 of this Article has the right: a) to communicate as soon as possible with the nearest appropriate representative of the State of which he is a national or which is otherwise authorized to establish said contact, or if he is a stateless person, the State in whose territory he has his habitual residence; b) to receive the visit of a representative of that State; c) to be informed of their rights. 4. The judicial authority shall without delay to the Secretariat of State for Foreign Affairs, the passage in the court decision or the deposit of the dismissal of, attaching a copy of the provision, for the offenses provided in this Decree-Law. The Secretariat shall inform the Secretary General of the United Nations. Art. 16 (Mutual Legal Assistance) 1. Subject to the provisions of agreements on mutual legal assistance, the Republic of San Marino the most extensive assistance in relation to the facts set out in this decree-law also communicating the evidence at its disposal and which it is needed within the activated by the foreign judicial criminal proceedings. Art. 17 (Extradition Regulations) 1. For the misdemeanors provided for in this decree-law, in the absence of specific international treaties, the extradition of the person who is in the territory of the Republic is regulated by Article 8, paragraph 2 , numbers 1 and 2 of the criminal code. 2. In any case, the purpose of extradition, the acts referred to in this Decree-Law may be considered as political crimes. 3. If, for any reason, the person who is in San Marino not to be extradited, the judicial authority of San Marino shall institute proceedings for the same acts for which extradition was not granted, regardless of the fact that ' initiation of the procedure was requested by the foreign state. Art. 18 (in person transfer abroad) 1. In the absence of specific international treaties, if a foreign judicial authority, for the purpose of carrying out procedural acts relating to offenses referred to in this decree-law, requires the presence of a person which is in pre-trial custody or who is serving a custodial sentence of San Marino judicial Authority's measure, the court may order the transfer provided that: a) the person consents to be transferred freely and consciously; b) the requesting State to adopt the measures as deemed appropriate by the judicial San Marino purposes of transferring; c) The State to which the transfer is made undertakes to retain the person concerned in custody, unless otherwise requested or authorized otherwise by the judicial authority of San Marino; d) The State to which the transfer is made undertakes to return without delay, in accordance with previously agreed upon by the Requesting Authority and Authority of San Marino or as decided between the same authority; e) The State to which the transfer is made undertakes not to make the subsequent return of the person transferred to the activation of an extradition proceeding;
f) The State to which the transfer is made not pursue and not submit to prison or other lawful custody the person transferred to sentences passed before the date of transfer, unless authorized by the Judicial Authority of San Marino; g) The State to which the transfer is made no provision for the death penalty in its legislation. 2. The judicial authority of San Marino takes into account the time spent in detention in the State to which it was ordered the transfer in order to determine the penalty to be enforced in the Republic. Given at Our Residence, this day of July 15 2013/1712 THE CAPTAINS REGENT Antonella Mularoni - Denis Friends THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini