SAN MARINO
LAW 26 February 2004 28
REPUBLIC OF SAN MARINO
PROVISIONS OF TERRORISM CONTRAST, THE
MONEY LAUNDERING OF ILLICIT AND A BUSO OF PRIVILEGED INFORMATION
We the Captains Regent of the Most Serene Republic of San Marino
Promulgate and publish the following law approved by the Great and General Council
its meeting on 26 February 2004.
TITLE I Provisions concerning the fight against terrorism and organized crime
Art. 1
1. In the Criminal Code is added to the following article:
"Art. 337 bis
associations for purposes of terrorism or subversion of the constitutional
1. Anyone who promotes, constitutes, organizes, manages or finances direct associations
perform violent acts of terrorism or subversion of the constitutional order, turned against
institutions or public or private bodies of the Republic, of a foreign state or international, it
punished with imprisonment of sixth grade and disqualification from public offices and political rights of fourth degree
.
2. Anyone who participates in such associations shall be punished by imprisonment in the fourth degree and
disqualification from public offices and third degree political rights.
3. Whoever, apart from cases of complicity in the crime or aiding, provides in any form
assistance or aid to participants in associations in the preceding paragraphs, shall be punished by
imprisonment and disqualification from public offices and political rights of the second degree.
4. Not punishable who commits the act provided for in the third paragraph in favor of a close relative
.. "
Art. 2
1. The first paragraph of Article 6 of the Criminal Code is replaced by the following:
"E 'subject to the provisions of this Code, everyone who commits outside the territory
one of the crimes provided for in articles 170, 185, 196, 284, 285, 305, 305a, 324, 325, 326, 328,
329, 331, 332, 333, 334, 337, 337 bis, 338, 339, 341 2, 343, 344, 346, 347, 400, 401, 403, 403
bis, 405 .. "
Art. 3
1. in the third paragraph of Article 8 of the Penal Code is added at the end the following period:
" Under no circumstances can be considered politicians the reat committed for purposes of terrorism or subversion of the constitutional
.. "
Art. 4
1. in the first paragraph of Article 90 of the Penal Code, the following shall be added:
" 4 ) for the purpose of terrorism or subversion of the constitutional order.. "
Art. 5
1. the third and fourth paragraphs of Article 147 of the Criminal Code are replaced by the following:
"If convicted, is compulsory confiscation of the things that
served or were destined to commit the offense referred to in Article 199a and the crimes related to terrorism
or subversion of the constitutional and of the things being the price, product or profit
. Where it is not possible to confiscate, the judge imposes the obligation to pay a sum of money
equal to the value of the things listed above.
things confiscated or equivalent sums to them shall revert to the Treasury or, if necessary, destroyed. ".
Art. 6
1. For financial investigations in relation to the crime referred to in Article 337 bis of the Penal Code, the Law Commissioner
uses the Supervision Division of the Central Bank of the Republic of San Marino
.
TITLE II Additions to the Law of 15 December 1998 n.123
Art. 7
1. Article 199a of the Criminal Code is replaced by the following article:
"Art. 199 bis Recycling
1. Any person commits the crime of money laundering anyone, except in cases of complicity in the crime, in order || | hinder the verification of origin, conceals, substitutes, transfers, or cooperate or
intrudes because other occult, replaces or transfers money that knows obtained through a misdeed
.
2. Any person also commits wrongdoing anyone who uses or works or intrudes
because it uses in economic or financial activities money who knows obtained through the commission of a crime
.
3. the provisions of this Article shall apply ven when the author of the misdeed,
where the money comes, it is not responsible or is not punished or when a condition of admissibility
related to this crime. If the crime was committed prerequisite
abroad it must be criminally prosecutable perseguibil and also for sorting
San Marino.
4. The money shall be treated other assets as well as legal documents, deeds, instruments and
evidencing title to the goods and predicted values.. "
Art. 8
1. Article 8 of Law 123 of December 15, 1998, the following subparagraphs are added:
"3. The requirements for the identification, recording and reporting according to this Act shall also apply to
Post Offices and at the following activities the exercise of which is conditional upon
holding licenses, authorizations, registrations in registers or logs:
a) debt collection for others;
b) financial planners and insurance advisors;
c) agencies insurance;
d) or real estate agencies;
e) management of casinos and games of chance;
f) custody and transport of cash, securities or values by means of " security guards ";
g) management of auction houses or art gallery;
h) dealing in antiques;
i) trade, including export and import of gold for industrial purposes or investment
;
j) manufacturing, mediation and trade, including the 'import and import, of
objects and precious stones;
K) as well as the following legal or natural persons acting in the exercise of their professional activity
:
1. auditors, external accountants and tax advisors;
2. notaries, lawyers and other independent legal and business professionals, when their work
:
a. assisting their clients in the planning or execution of transactions relating to:
i) the purchase and sale of real estate or commercial, industrial and
services;
Ii) the management of money, securities or other assets of customers;
Iii) opening or management of bank, bearer bonds and securities accounts;
Iv) organization of contributions necessary for the creation, operation or management of companies
;
V) creation, operation or management of companies, trusts or similar structures
mandates;
B. acting in the name and on behalf of their client in any financial or real estate
.
4. They are not required to comply with the obligations provided for in the third paragraph, the person referred to in points
k.1) and k.2) of that subsection with respect to information they receive from or
obtain on one of their clients, in performing their task of defending or representing that
client in legal proceedings or in connection with this measure,
including advice on instituting or avoiding proceedings, whether such information
is received or obtained before, during or after such proceedings.
5. The Supervision Division of the Central Bank of the Republic of San Marino will issue
implementing provisions the obligations of identification, recording and reporting for subjects
referred to in the third paragraph.. "
Art . 9
1. the point b) of Article 9 of Law 123 of 15 December 1998 is replaced by the following:
"b) breach of the obligations relating to the identification and / or registration by the staff || | company credit, the staff of the finance company, the staff of the Post Office or
of the other persons referred to in Article 8, third paragraph.. "
TITLE III
provisions on abuse of inside information and market manipulation on the securities
Art. 10
1. in the Criminal Code is added to the following article:
"Art. 305 bis
Insider
1. He shall be punished by imprisonment of second degree, with the daily fine
third degree and second-degree disqualification from public offices and civil rights by anyone possessing
inside information by virtue of participation the capital of a company, or
exercise of a function, also public, profession or office:
a) buys, sells or carries out other transactions, including through third parties, on financial instruments | || making use of the same information;
B) without good reason, it gives communication of information, or advises others on the basis of them
, the fulfillment of any of the transactions referred to in subparagraph a).
2. The same penalty shall also be punished anyone who, having obtained, directly or indirectly,
inside information by the persons indicated in paragraph 1, makes the facts described in anybody
letter a) of that subsection. 3
. For the purposes of applying the provisions of paragraphs 1 and 2, inside information shall mean information of a particular content
specification, of which the public does not have,
concerning financial instruments or issuers of financial instruments, which, if made public, would be likely to significantly affect the price
.
4. In case of conviction or application of penalty result in confiscation of the means,
including financial
, used to commit the crime and property that make up the profit,
unless they belong to a person unrelated to MISF tto.
5. The provisions of this Article shall not apply to transactions carried out on behalf
State for reasons relating to economic policy.. "
Art. 11
1. The penalties may be increased by one degree when the facts are committed in the exercise of a professional
economic activity subject to authorization and licensing by the competent public authorities
.
2. They can be reduced by one degree because of the modest of the offense or entity
profit that is derived.
Art. 12
(Scope)
1. the provisions of Article 305 and 305 bis of the Criminal Code apply
to the facts concerning financial instruments traded or admitted to trading on regulated markets
San Marino or the European Union countries.
Art. 13
(verification activity)
1. the Supervision Division of the Republic of San Marino Central Bank will undertake all acts of assessment
violations taking advantage of the powers conferred by
legislation applied in respect of persons under the supervision of.
2. To the same end, the Supervision Division of the Central Banc of the Republic of San Marino may furthermore
:
a) request information, data or documents to anyone who appears to be acquainted on the facts, establishing the term
for receipt thereof;
B) be heard by anyone who appears acquainted with the facts, draw up a report;
C) secure the cooperation of the police, the Offices of the Public Administration
including tax administration.
Art. 14
(crime News)
1. The Law Commissioner, when reports of any of the offenses referred to in Article 305 and Article 305
bis of the Penal Code makes use of the Surveillance Division
Central Bank of the Republic of San Marino.
TITLE IV
special investigative Provisions Art. 15
1. As part of the operations to the investigative nature aimed at detection and the
repression of crimes provided for in Articles 199a, 207 and 337 bis of the Penal Code and
acquisition of the supporting evidence, the Law Commissioner may allow staff
specialist of police bodies to perform undercover operations,
to intervene in the activity of brokerage, simulated purchase of goods, materials and things that
can generate illegal income, to take part any initiative seeking to suppress the misdeeds
referred to in this paragraph.
2. In connection with the acquisition of evidence through rcettazione communications on
telematics and telephony networks, both fixed and mobile, the Congress of State shall submit within
twelve months after the entry into force of this Act, a special bill
regulations such investigative case and the relevant procedures. 3
. In the case provided for in paragraph 1 the police organs to be reported immediately and
exclusively to the Law Commissioner of the outcome of the activities and can not extract and duplicate copies
acts concerning the activity carried out without the express permission of the Commissioner
of Law. The results of the investigations referred to in paragraph 1 concerning third parties or strangers
in the survey made must be destroyed as soon as it is established that their strangeness.
The violation of these provisions or the disclosure of information learned
part of the executions of the obligations referred to in paragraph 1 shall be punished with imprisonment of
second degree, jointly interdiction of the second degree from public offices and political rights
.
4. The Law Commissioner may delay the validation of the seizure until the conclusion of the investigation
or may delay the issuance of mandti the preventive detention when both
must obtain important evidence.
5. The evidence obtained through previst procedures in this article may also apply
for the opinion on criminal offenses related to those covered by the first paragraph of this article.
Art. 16
1. As part of the operations to the investigative nature aimed at detection and the
repression of crimes provided for in Articles 199a, 207 and 337 bis of the Penal Code and
acquisition of the supporting evidence, the Supervision Division of the Bank central
of the Republic of San Marino may, if there are serious and consistent indications, lock
or temporarily freeze the funds or financial assets deposited or altrerisorse
At the San Marino banking and financial intermediaries referred to Read February 12, 1986
21, as amended February 25, 1986 24, onche any report or statement
entertained at the same intermediaries. Within forty-eight hours superiors measures blocking
or temporary freezing must be transmitted to the Law Commissioner,
which, within the next ninety-six hours, if they meet all requirements, provides for the validation
ordering the release of block or temporary freeze or
arranging the adoption of the precautionary measure of seizure. Within the same timeframe the
provision of the Law Commissioner must be notified to the intermediary
concerned and to the Supervisory Division of the Central Bank of the Republic of San Marino
. The periods referred to above must be observed to the extent ineffectiveness penalty.
Art. 17
Watch Division of the Republic of San Marino Central Bank will perform
financial investigations using, with the approval of the Law Commissioner, also
the cooperation of police forces that answer directly to the Supervision Division | || of the Central Bank of the Republic of San Marino and, if it is established that the
reported facts may constitute wrongdoing under this Act as well as Article 207 of the Criminal Code
, reports them in turn to Single Court. The reports for which there were no
facts that could constitute the crime under the said law as well
Article 207 of the Criminal Code, are stored directly by the Supervision Division of the Central Bank of the Republic of San
Marine.
Art. 18
are hereby repealed Article 3 and Article 8, second paragraph, of Law 123 of December 15, 1998.
Art.
19 (Entry into force)
This Law shall enter into force on the fifth day following that of its legal publication.
Our Residence, this day of March 2 2004/1703 dFR
The Captains Regent Giovanni Lonfernini - Valeria Ciavatta
