SAN MARINO
LAW QUALIFIED October 30, 2003 145
REPUBLIC OF SAN MARINO

Provisions on the Judiciary



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 30 October 2003.



Art.
1 (Establishment of the Court Act)
The organs of the judiciary exercising the ordinary and administrative jurisdiction
organized into a single Court, divided into two sections corresponding to the two jurisdictions.
The section of ordinary jurisdiction, in turn, is divided, within it, in relation to
civil matters, criminal, child protection and family, where individual
Law Commissioners are assigned by Executive Magistrate, in compliance with legal provisions and criteria
on the distribution of work approved by the Judicial Council.
The magistrates of each Section are equipped with the fullness of jurisdiction and therefore
are freely exchangeable in the exercise of functions and powers of the section.
In case of need and without prejudice to the judicial work already assigned, the Executive Magistrate,
under the criteria established by the Judicial Council may entrust to judges of a
Section for skills related to each other.
The Appeals Judges in civil, criminal and administrative
can substitute each other with each other in case of serious impediment or incompatibility of one of them. The replacement is automatic
if there is a specific provision of the law, in case of the Office holiday,
or where for each of the functions of Criminal Appeal, civil or administrative judges are appointed more
; in other cases the replacements take place according to predetermined criteria established by the Judicial Council
.

Art. 2
(Appointment and incompatibilities of judges)
The magistrates are appointed, after completion of the procedure laid down in Article 3, last paragraph
after passing a competition, or for transfer to higher judicial office .
The Judges for the third instance, the Judges for extraordinary remedies and Judges for the action in tort
judges are appointed dl Judicial Council in plenary.
The magistrates must demonstrate specific skills, objectivity and impartiality.
In performing the engagement must always manifest sure doctrine and prudent balance and
constantly keep un'irreprensibile civil and moral conduct.
The Magistrate Office is incompatible with the assumption of commissions and signing up
movements or political parties or trade unions, with nominations in
parliamentary and local elections, with the 'exercise of any trade or business, with
holding the posts of director and auditor of the company and, for judges of first instance, judges conciliators
or hear it, with the exercise of the profession and Iberian taking other offices and
public or private use both in the Republic and abroad, excluding the task of
university professor, as compatible.
The Magistrate Office of Appeals or above, is incompatible with the exercise of the profession
in the territory of the Republic.
The wage treatment of Judges shall be determined by ordinary legislation.
In accordance with article 4, paragraph 2, of the Declaration of the Rights of Citizens and Fundamental Principles
order San Marino, to San Marino citizens it is guaranteed the possibility of access to the judiciary
.
The magistrates assume the position by taking an oath in the hands of the Most Excellent Regency.


Art.3 (Recruiting of judges)
The Judges for the third instance and the Judges for extraordinary remedies, two in number for each
Office, and the six judges for the action civil liability of judges, a holder and a
alternate for every court, are appointed dl Judicial Council in plenary session, in
two-thirds majority.
The Appeals Judges are appointed following apposit competition for forward securities
a Selection Committee composed of six members, des mitted three in number by the Judicial Council
among the Judges of Appeal or top grade, and three by the Great and General Council from among
persons eminent in the law, foreign to the San Marino judiciary.
Can not be part of the Commission members of the Bar and notaries, doctors,

Accountants and Bookkeepers of the Republic, as well as relatives and relatives up to 2nd degree of members
such qualification systems.
The Law Commissioners, the Prosecutor of the Treasury, the Pro-Tax, the Conciliators Judges, the auditors
commissioner and the administrative judges prmo can be appointed as a result of competition
qualifications and tests, to be held by means of written and oral tests, forward to a
Selection Committee consists of three members appointed by the Judicial Council of the Appeals Judges or
higher grade or between well-known personalities in the field of law and three members
appointed by the Great and General Council from among eminent personalities in the field of law extraneous to the judiciary
San Marino. They can not be part of the Commission registered with the Board of
lawyers and notaries, accountants and accountants of the Republic, as well as relatives and relatives up to 2nd degree
membership levels of these professional systems.
The Examining Board elects the president from among the members appointed by the Great and General Council
; in the voting, in the event of a tie, the vote of the President.
The list formed as a result of the competitions, with the indication of the winners, it is transmitted to
Great and General Council which shall take note.
The Judicial Council is required to prepare the Regulation laying down the Rules of the Judges
nominations for the third instance, the Judges for extraordinary remedies and Judges for the action of
civil liability of the judiciary, competitions, advertising of tenders, of the examinations,
the procedure for the formation of selection boards and the identification of criteria for the evaluation of the qualifications required
. This Regulation shall be transmitted to the Great and General Council
for the acknowledgment.
The start of the Magistrates r is asked to the Great and General Council of the appointment procedure with
reasoned report by the Executive Magistrate upon advice of the Judicial Council or the
Council Commission for Justice Affairs. The Great and General Council, taking note of
request, acting by an absolute majority.


Art.4 (Duration of appointments of judges)
The Judges for the third instance, the Judges for extraordinary remedies and Judges for the action in tort
judges are appointed for the duration of five years and may be renewed
.
The Appeals Judges, the Law Commissioners, Administrative Judges of First Instance, the Judges
Conciliators and auditors, after the appointment, subject to a probationary period of three years. II
Judicial Council shall ensure the evaluation of the activity and approves the confirmation time
undetermined or termination from office and shall inform the Great and General Council
for acknowledgment.
The judges confirmed in indefinitely remain in service until the age of
sixty-five, except for resignation, revocation, waiver, or inclusion in public administration
.
The Law Commissioners, Administrative Judges of First Instance and the Conciliators Judges
have exercised judicial office for at least ten years may ask, for serious
personal and family reasons, to the Council and Big G neral to be included in the public
administration. The Great and General Council, after consultation with the Judicial Council and the
Congress of State, shall take a decision within three months of submission of the application.

Art. 5
(Requirements for appointment of judges)
The two Judges for the third instance and the two Judges for extraordinary remedies are selected from among experts
clear right to fame with the minimum requirements for magistrates appeal, so that
one has specific expertise in civil matters and the other in criminal matters.
The Judges for civil liability of judges are selected from among experts right to clear
fame with the minimum requirements for appellate judges.
The competition for Judge of Appeal in criminal matters, civil and administrative judges
with at least the qualification of magistrate of appeal, or those who have acquired the
title of university professor in legal matters and who have reached the
forty-fifth year of age.
May be appointed Judges of Appeal also the Law Commissioners and Administrative Judges
first degree with at least ten years of service. The evaluation of the acquired professionalism
G udiziario is made by the Council in plenary session, at which the Executive Magistrate
must submit a special report.

The competition for Commissioner of Administrative Law Judge of First Instance of the
magistrates, law graduates who have cquisito the title of university professor |​​|| or as a result of competition are part of the teaching staff
university for legal matters, as well as lawyers who have practiced the profession for at least six years.
Can be appointed as Commissioners of the conciliators Law Judges and auditors commissarial
with at least four years of service. The acquired professional assessment is made by
Judicial Council in plenary session, at which the Chief Judge must submit a special report
.
The competition for Attorney of the Treasury and Pr -Fiscale
lawyers who have taken the thirtieth year of age and law graduates who have acquired the status of
university professor or as a result of competition form part of the university's teaching staff
for legal matters.
The competition for Justice of the Peace lawyers registered for at least four years
.
Can be appointed as Attorney of the Treasury, Justice of the Peace Pro-Tax and also the auditors
commissarial with at least two years of service. The evaluation of the acquired professionalism is
made by the Judicial Council in plenary session, at which the Chief Judge must submit a special report
.
The competition for the Auditor Commissarial ureati in law.

Art. 6
(Magistrate Court)
The Executive Magistrate of the Court Officer is appointed for a term of five years from
Judicial Council in plenary among the Law Commissioners at least ten years of service.
At the Executive Magistrate are attributed organizational powers and the judicial work distribution
according to predetermined criteria, as well as surveillance, without prejudice to the decision-making autonomy of
each judge, coordination and supervision of the courts, except the purely administrative functions
.
The Executive Magistrate shall ensure the attribution dl work to Law Commissioners, Justices
conciliators, to the Auditors and to the commissioner's Administrative Judges of First Instance, taking into account the acquired
professionalism, experience, service and titles. It also ensures the
determining the criteria for the distribution of work between the Appeals Judges, in agreement with them.
The Judicial Council during the first meeting approves the criteria for the distribution of labor judiciary
adopted by Executive Magistrate.
The Law Commissioners, Administrative Judges of First Instance, the judges and conciliators
commissioner's auditors are required to comply promptly and timely to the duties
office and adapt to the regulations issued by the Executive Magistrate; without prejudice to the
incompatibility provided by law, any other positions may be taken only in compliance with the
office needs and with the approval of the Judicial Council in session ordinary
. Any default will be reported to the Judicial Council in plenary
evaluations and the necessary steps, which will be governed by specific regulations approved by the Board Judicial
in plenary.
The Executive Magistrate is required to submit annually to the Great and General Council for the
by the Secretary of State for Justice, the report on the state of justice, including the reliefs
on the judicial work of the judges in each grade.

Art. 7
(Judicial Council)
The Judicial Council functions rappresentaz and judiciary guarantee.
The Judicial Council shall meet in ordinary session and in plenary.
The Judicial Council in ordinary session consists of Conciliators Judges, administrative
by the Judges of First Instance, by the Law Commissioners, by the Judges of Appeal and Judges
for the third instance. And 'it chaired by the Captains Regent, or, by delegation, by the Executive Magistrate.
The Secretary of State for Justice attends the meetings without voting rights.
The Judicial Council ordinary meeting approves the criteria for the distribution of work
adopted by Executive Magistrate under Article. 6, paragraph 4, of this law, and the criteria for
the allocation of responsibilities in Article 1, paragraphs 3 and 4, and Article 11, paragraph 6;
can activate the action of trade unions in the manner prescribed by the Constitutional Law; can advance

Requests and provide advice on the organization of the courts, examines issues of
General concerning the administration of justice, with the power to make demands and pay
opinions; It shall decide on any other matter relating to the organization of judicial work
which is submitted by the Executive Magistrate or by the Secretary of State for Justice.
The Judicial Council in plenary is composed of Judges conciliators, administrative
by the Judges, by the Law Commissioners, the Appeal Judges, by the Judges for the third instance
well as by members of the Commission to the Council Chamber Justice Affairs. And 'it chaired by
Captains Regent, or, in their absence by the President of the Council Commission for Justice
Business. The Secretary of State for Justice participates in meetings with voting rights.
The Judicial Council shall meet in plenary session for all resolutions indicated
in Article 3 of this law on procedures for the appointment of judges, for confirmations
in his role under Article 4 of this Act, and for the designation of Magistrate
Manager; take the decisions referred to in Article 9 of this Act; Currency expertise gained
by the Magistrates in accordance with Article 5 of this Act; under the law
constitutional, it may temporarily suspend the judge subjected to action of the union and
declare the forfeiture or relief in accordance with the decision of the College Supervisor
constitutionality of rules; discuss in advance the annual report of the Chief Judge;
Examines issues related to the relations between the judiciary and other state bodies, with
right to suggest guidelines and proposals; may, exceptionally, delays to the judges for
deliver judgments, decrees and judicial measures, in accordance with Article 2, paragraph 4, of Law
June 5, 1923 n. 13; perform such other functions delegated to the Judicial Council by
law that are not expressly mentioned among those ris rvate the regular session.
The Judicial Council shall meet in regular session at least twice a year with
half-year intervals, and in plenary session at least once a year to discuss the report of the Executive Magistrate
; They can still be called ordinary or plenary sessions
whenever it is necessary. In both meetings it shall be convened by the Captains Regent of them
initiative or at the request of the Secretary of State for Justice, the Executive Magistrate or at least one third of the members
.
For the validity of the Judicial Council deliberations in both sessions is always
requires the presence of at least half of the members. The resolutions are adopted by an absolute majority
.
The work of the Judicial Council sessions shall result from the minutes, drafted by
secretary who will be appointed at the beginning of the session.
In all cases of responsibility, incompatibility and unsuitability on individual magistrates, these
must be heard personally or through a pr special guardian, but can not
participate in or attend the discussion and deliberations. Likewise, in case of application of
judges for appointment to higher judicial role or confirmation in his role and
all cases that affect them may not participate in the discussion and deliberation the judges concerned and
of the Judicial Council members who they have been part of
Selection Board for the appointment of the same.

Art. 8
(Council Commission for Justice Affairs)
The Council Committee for Justice Affairs consists of ten members, appointed by the Great and General Council
beginning of each term with a majority of not less than two-thirds.
It 'chaired and convened by the President, appointed by the Commission itself in its first sitting
. It is part, in full, the Secretary of State for Justice.
The Council Committee for Justice Affairs relates to all its activities only to
Great and General Council.
The Commission meets before the Judicial Council convening in plenary
to discuss the matters on the agenda; at least one third of its members may
enable the action of the union of judges in the manner prescribed by the Constitutional Law;
Examine the annual report of the Chief Judge before the presentation to the Council
Great and General; as a coordinating body, supervises the execution of the resolutions of the

Judicial Council in plenary session to be submitted to the Council Great and General
or for which must be adopted administrative measures;
exercise the powers provided by law. The Commission may require references to the Executive Magistrate,
which can also be called for hearings.
For the validity of the Commission's deliberations requires the presence of at least half plus one of the members
. Resolutions are adopted by an absolute majority.
They can not be part of the Council Commission pe Affairs Justice Councillors
enrolled in the Lawyers and notaries, accountants and accountants.

Art.
9 (Suspension of Magistrates)
The Magistrate that, done right, is situated in no more conditions for conducting the
judicial office may ask the Judicial Council to be suspended from office for | || a period not exceeding six months, during which the salary will be suspended.
The Judicial Council may definitivament from office the Magistrate who is in
health or personal such as to determine the absolute and permanent
incompatibility with the exercise of judicial office.
It may, however, suspend the Judge from a transitional functions when incompatibility
be temporary, for the time deemed strictly necssario and in any case not more than six months.
In this case it applies the salary equal to half the salary set by foot legg
for the job. Where at the end of the suspension period the remains incompatibility, the
Judicial Council has the dall'incario exemption.

Art. 10
(Exclusion and objection)
The magistrate is obliged to abstain if sussi tano serious reasons, determined by
kinship, affinity, friendship, enmity, economic or work between the magistrate himself or his
next of kin, and one of the parties or the defenders of those in civil or administrative judgments,
or the person accused or suspect in custody or the injured party, or defenders of them in the process penal
.
The Magistrate is also obliged to abstain in the event that has made advice, opinions or
has improperly expressed their conviction on the facts object of the process as well as for
other conflicts of interest.
In the cases it referred to in the preceding paragraphs, if the Magistrate not to abstain, the parties may object
.
The Magistrate may also refrain when there are reasons of opportunity, sufficient information to suggest
compromised his impartiality and serenity on Jun izio.
The application for recusal, except in cases in which the cause occurs or the party shows positively
not to have been aware, must be brought peremptorily judgments in civil
in limine litis in administrative judgments within the hearing-term discussion
set for the first time, and in the criminal proceedings within twenty days following notification of the first act by the
judge.
The statute of limitations is suspended from the day of the instance of failure to deposit or recusal
until the day it is served on the party pro onente the decision.

Art.
11 (Transitional provisions and coordination)
The Judicial Council shall establish the rules of procedure referred to in Article 3, within three months from the entry into force of this Act
.
The provisions of Article 5 of the present law regarding the requirements for the appointment of the Prosecutor of the
Fisco and Pro-Tax and the provisions of acts of the criminal proceedings is
apply until the entry into force of the new code of criminal procedure, under which will be
introduced additional provisions on the judiciary. The Prosecutor of the Treasury and Fiscal Pro-
cease from office in service and the entry into force of the new criminal procedure code
.
The procedure for the appointment of judges established by this Act exclusively
appointments that will take place after the entry into force of the same. The magistrates currently serving
who have already obtained the confirmation in his role indefinitely
will therefore not face any competition. The magistrates currently in-time service given, the
end of his probationary period that remains fixed in two years, can be confirmed in his role
by the Judicial Council after evaluation of the activity.
Notwithstanding the provisions of this Act, the auditors of the commissioner's currently in service, the
whose professionalism and experience is already attest ta from the Magistrate's Report Manager

Approved by the Great and General Council, the Law Commissioners are appointed and
take office after the taking of the oath in the hands of the Most Excellent Regency.
Notwithstanding the provisions of this Law is appointed Executive Magistrate Commissioner
Law currently in service with the greatest seniority in the role for the duration defined in Article 6.

The Administrative Judge of Appeal and the Civil Appeals Judge are completely replaceable
exercising its functions and divide equally between them the burden of the two roles work.
The Judicial Council shall establish criteria for the distribution of the judicial work of the Judge
Administrative Appeals and Civil Appeals Judge.
In all legal provisions which are attributed to the judicial role Magistrate
Manager of the Commissioner's Court or the Administrative Court, these must be understood
replaced, respectively, by the Law Commissioner to which is assigned the matter according
the judicial work distribution, or by the administrative court of first instance.

Art.
12 (Repeals)
the provisions of the law 28 October 1992 n are repealed. 83, subsequent amendments and additions
and any other provisions contrary or otherwise inconsistent with the present law.

Art.
13 (Entry into force)
This Law shall enter into force on the fifth day following that of its legal publication.

Our Residence, this day of November 3 2003/1703 dFR

THE CAPTAINS REGENT
John Lonfernini - Valeria Ciavatta