Council Commission THE PERMANENT CONSTITUTIONAL AFFAIRS AND INSTITUTIONAL; PUBLIC ADMINISTRATION; AFFAIRS, CIVIL PROTECTION, RELATIONS WITH THE PATTERN OF CASTLE; JUSTICE; EDUCATION, CULTURE, CULTURAL HERITAGE, UNIVERSITY 'AND SCIENTIFIC RESEARCH


SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on 4 September 2014:


LAW 5 September 2014 141


CODE OF CONDUCT FOR PUBLIC SERVANTS

Art.
1 (Purpose)

1. The purpose of this law is to specify the standards of integrity and conduct that
public servants are required to observe, help them meet those standards and to inform the public of the conduct that
can legitimately expect from public officials .

Art. 2
(Subjective scope)

1. This law applies to all public servants.
2. For the purposes of this Act:
a) "public agent" means any person who carries out an office or public service, used
Administration, and the one who holds the office of public official function under the Code | || criminal;
B) "Board" the set of organizational units, departments, public authorities and
Companies listed in Annex A to Law 188 of December 5, 2011, as well as any organ, authority and
Commission of the state;
C) for "superior" the Manager, Director or Manager of Organizational Units, Agencies and Companies
, the President of Boards, Authorities, Commissions, the Director of the Department and the Directorate General of Public
under Article 15, paragraph 3 of Law
no.188 / 2011. 3
. The concept of a public official, public employee or civil servant, contained in
special rules fall within the definition of public official referred to in subparagraph a) of paragraph 2. Upper

4. The provisions of this Act shall likewise apply to any person employed by
a public or private entity responsible for carrying out public services and to holders of
partnership contracts or consulting with continuity to the extent compatible,
subject to special rules. To this end, in the Proceedings of the public service concession and acquisition contracts
collaborations and consultations, the administration put special provisions and
relationship termination clauses in the event of breaches of the obligations under this Code.
5. The provisions of this law are principles of reference for the conduct of
members of the Great and General Council, the Captains and members of Township Councils, the
members of the State Congress, the judiciary and members of the Forces Police for
aspects compatible and subject to the special rules applicable to them.
6. In relation to members of the Police Forces, it will be approved by decree delegate
, a specific conducted in accordance with the guidelines contained in the Code of European Code of Ethics for the Police
referred to Recommendation REC (2001) 10
adopted by the Committee of Ministers of the Council of Europe on 19 September 2001. Until the adoption of the aforementioned code of conduct
apply the provision referred to in paragraph 5.

Art.
3 (Implementation Principles)

1. Since the entry into force of this Act, the Administration and the entities
under paragraph 4 of Article 2 which have adopted the provisions of this Code, they have the
duty to inform public officials and citizens regarding its provisions, even
through computer media.
2. This law is an integral part of the working conditions of public servants
. 3
. Every public official has the duty to implement all necessary measures in order to
comply with the provisions of this Act.
4. To staff in public services are targeted training activities that provide
employees with the guidelines and the provisions necessary for the application of this Code.

Art. 4
(legality, impartiality and discretion)

1. The public official is required to perform their duties in accordance with law, the legitimate instructions
and ethical standards related to its functions.
2. The public agent operates in an honest, diligent and effective and shall perform his duties to the best of his ability
, with competence, fairness and cognition.
3
. When the public agent's functions involve the exercise of discretion,
the public agent is required to exercise it in an impartial manner, in accordance with law,
principles of professional ethics and the purpose of his office, taking account only
public interest and the relevant circumstances.

Art. 5
(Respect for institutions and political neutrality)

1. The public official has the duty to respect the institutions and to faithfully serve the
Republic and state authorities formed under the law.
2. The public agent is bound to act impartially and to observe directives,
decisions or the legitimate actions of the public authorities while respecting the autonomy
administration from politics. If the agent takes part in political activities, such
participation must not interfere with the impartial performance of his duties and with the pursuit
where the department carrying out is finalized.


Art. 6
(Relations with users and professional environment)

1. The public official has a duty to always act so as to preserve and strengthen
the confidence of citizens and users in general, in the integrity, impartiality and effectiveness
Administration, institutions and public authorities .
2. The public official in connection with the user can be recognized through support
put identification provided by the Administration and by the person referred to in paragraph 4
Article 2, unless otherwise service orders. 3
. In fulfilling its mandate the public official should not act or omit to act in
arbitrary or discriminatory manner to any person disadvantage, group of people or organizations
and must give due consideration to the rights, obligations and the legitimate interests of others
.
4. The public official is obliged to courtesy and to be respectful and
available in its relations with citizens and users in general, as well as in its relations with their superiors, colleagues and subordinates
.
5. The public official is accountable to his immediate superior, except as otherwise required by law
.



Art. 7
(Reporting)

1. The public official is required to make complaints and reports in case:
a) believes to be asked to act illegally, irregular or contrary to the ethical principles and good
Administration trends, or otherwise inconsistent with the present law
;
B) it becomes aware of a violation of this law committed by other public officials
;
C) learn in the performance, or as a result of the period of his duties, any
element, indication or reasonable suspicion of unlawful or criminal activity on the
public function.
2. The complaint or report referred to in the preceding paragraph can be addressed in written form
or with more specific forms prescribed by existing legislation to their superior,
to the judicial authorities or police. 3
. The complaint or report does not constitute a breach of professional secrecy.
4. The Administration shall ensure that the public official, who performs under this article
a complaint or report based on reasonable suspicion and in good faith, does not suffer any prejudice
. Are zero sanctioning and disciplinary measures taken in breach of
provisions of the previous period.
5. The Administration shall take appropriate measures to ensure the confidentiality identity public
agent who made the complaint or report. The identity can be revealed only
if indispensable to fully guarantee the right of defense of the subject reported.
6. In the case of communication, complaint or report to the judicial authorities, the identity
public who reported the fact, even if known, is not mentioned. The agent's identity
public can only be revealed when the judicial authority, by reasoned decree, declares
essential for verification of offenses for which it proceeds.




Art. 8
(to your advantage skills Exercise)

1. In the exercise of their duties, the public official must avoid being influenced by
own private interests. And 'your responsibility to avoid conflicts of interest,
regardless of whether they are real, potential or apparent.
2. The public official should not in any way take undue personal benefit from their
assignment.

Art.
9 (Conflict of interest)

1. A conflict of interest arises from a situation in which a public agent has an interest

staff to influence, or appear to influence, the impartial and objective exercise of his functions
.
2. The public agent's personal interest includes any advantage to himself or
employee's spouse, domestic partner, relatives and relatives up to the fourth degree or people with whom
the public agent has or has had in the two years previous business relationships or political or
organizations in which he has or has had in the two years prior management positions or control. 3
. The public official is personally responsible for:
a) recognize any real conflict of interest, potential or apparent;
B) inform his immediate superior in writing about any conflict of interest by
time when it becomes known;
C) comply with any final decision requiring to get out from the situation in which is included
possibly an indication to refrain from any act relating to the proceedings or administrative
activity in relation to which it was no perceived existence of conflict of interest.
4. Notwithstanding the provisions of paragraph 5 of Article 2, where the public official face
a committee or a decision-making body, fails to attend the meeting or
paragraph in which is treated the issue in which he has a personal interest.

Art. 10
(Declaration of Interests)

1. The public servant who holds a position in which his personal interests or private
might be related to his official duties shall declare to their hierarchical superior
accordance with the law, at the time of the appointment, and later at regular intervals
defined on the basis of the circular referred to in paragraph 2 of Article 23 or each time that the
changes, or on request, the nature and extent of such interest.
2. The public official is required to disclose in writing to your line manager the
its membership or membership of associations, foundations or organizations, whose areas of interest
can create situations of conflict or influence the course of business | || public.

Art.
11 (Incompatibility)

1. Without prejudice to the incompatibilities provided for civil servants and managers from Law 8 September 1967 n
. 38, by Law 41 of December 22, 1972, by Law 108 of July 31, 2009, by
Law 188 of December 5, 2011, and those governing bodies with character specialties and UO, the agent
the public should not be involved in any activity or operation, or hold any office
perform any function, regardless of whether it is paid or not, that is
incompatible with the proper discharge of its public functions or to prejudice such exercise .

If it is not clear the compatibility or otherwise of an activity, the public agent
must still report it to his immediate superior.
2. With regard to the incompatibility with the office of member of the elected bodies of
popular representation, please refer to the special rules governing the matter.

Art. 12
(political activities or public)
​​
1. Subject to the respect of fundamental rights guaranteed in the Bill of Rights,
the public agent is required to ensure that their participation in political activities or his
involvement in public and political debates, it does not interfere with the '
impartial exercise of his functions and the pursuit when the department carrying out is finalized and does not change the
public confidence in his administration's ability to perform their duties with impartiality
and loyalty.
2. In fulfilling its public official must pay its use for political purposes
or otherwise for the pursuit of vested interests.

Art. 13
(confidentiality protection of the public agent)

1. The Administration shall take all measures necessary to ensure that confidentiality is respected agent
public adequately; consequently, the statements and reports
provided for in this Law shall remain confidential, unless otherwise
prescribed by special rules.

Art. 14
(Gifts)

1. The public official should neither require nor accept gifts, favors, invitations or any other
advantage for him or to the spouse, partner, relatives and relatives up to the fourth degree, or persons with whom the
'public agent has or has had in the two years previous business relationships or political
or organizations in which he has or has had in the two years prior management positions or
control that may influence or appear to influence the impartiality with which he performs his

Functions, or may be, or appear to constitute, a reward in relation to its functions
. This does not include conventional hospitality or gifts worth less than € 100.00,
that must be in every case of an occasional nature.
2. If in doubt about the possibility of accepting, the public official must submit the acceptance
a tribute, another advantage or an invitation, to his immediate superior. 3
. The agent delivery to the public's superior tributes
whose value is higher than that provided in paragraph 1 and that can not be refused for reasons of courtesy and protocol
. These gifts are acquired into the assets of the State and, in the case of perishable materials
, addressed in the OU where they can be used or, finally, be donated to organizations with purposes not
lucrative.
4. In all cases in which the public official accepts an invitation or any benefit that can not be
refused or returned, it must do so in writing his immediate superior.

Art. 15
(Reaction to improper advantage offers)

1. Except as provided in Article above, if you see an offer
undue advantage, the public official shall implement the following measures:

A) refuse the undue advantage because you do not have to accept it in order to use it as proof
;
B) to report the attempt as soon as possible to their superior or directly
competent criminal authority;
C) hear the case on which the undue advantage was offered the same way as everyone else and
follow the directions if any, made by the immediate superior.

Art. 16
(Vulnerability to the influence of others)

1. The public official should not allow others to force him, or make it seem forced
, to reciprocate a favor to any person or entity. Similarly, his conduct
, both public and private, should not make him vulnerable undue influence of others.

Art. 17
(official engagement Abuse)

1. The public official should not offer advantages related in any way to his office in
as a public official, unless lawfully authorized to do so in the public interest
.
2. The public official should not seek to influence for private purposes any person or organization
, including other public officials, by means of his official position, or
proposing personal benefits.

Art. 18
(information held by public authorities)

1. Taking due account of the right of access under the Law 160 of October 5, 2011,
the public agent must deal adequately with all the necessary confidentiality, all information and documents
acquired during the year, or as a result of the period of his
functions.
2. The public official must communicate information except in accordance with the rules and requirements applicable
office, agency or authority from which it is employed. 3
. The public official is required to implement appropriate measures to ensure the security and confidentiality of information
of which is responsible or of which he is aware and
prevent the spread of data, respecting the safety provisions imparted .
4. The public official should consult the only acts, files, databases and archives to which access is authorized
and should not try to access information which possession on his part not
would be appropriate or justified by their functions. The public official must make a
improper use of information that can get in the exercise, or as the result, the
its functions .; he is required to make use of them to comply with the official duties and to allow access to
those who are entitled.
5. The public agent has the duty not to withhold official information that may or
should legitimately be made public and not to disclose information that can be, or
has reasonable grounds to believe that they are, false or misleading.

Art. 19
(public resources and official)

1. In the exercise of its discretionary powers, the public official is required to ensure that, from a side
staff and other goods, facilities, services and financial resources entrusted to them, are

Managed and used effectively, efficiently and economically, and not for private or personal purposes, unless authorized
granted in accordance with the law.

Art.
20 (Responsibility of superiors)

1. It is up to the supervisor to ensure that public officers subject to his power of control or direction
compliance with this law.

2. The hierarchical superior is required to control or direct its personnel in accordance with
directives and plans approved by the General Directorate of the Civil Service and the
State Congress. He answers for the acts and omissions of its staff
counter to these guidelines and objectives if failed to take the reasonable steps required from a person under the
his office to prevent such acts or omissions. 3
. The line manager must implement the measures necessary to prevent his staff
commits acts of corruption in relation to the office. He recalls the observance of laws and regulations
, provide appropriate training against corruption, pay attention to
financial difficulties or other that can meet his staff and provides, thanks to his personal conduct
, an example of integrity.

Art.
21 (Termination of public functions)

1. The public official should not take improper advantage of his public function
to get a chance of employment outside the public service.
2. The public official should not allow the prospect of other employment the
create a real conflict of interest, potential or apparent. He must immediately report to his superior hierarchical
any concrete job offer that could create such a conflict.
He has, also, to report to his superior acceptance of any offer of employment. 3
. In line with existing rules on job rotation and for the duration of
two years from the termination of the employment relationship, the former public servant who has exercised a power in the field of administrative decision
relevance it can not work on behalf of
any person or organization in relation to the issues, concerned by the decision, which
secure a particular benefit to that person or organization.
4. The former public official should not use or disclose confidential information obtained
as a public official, unless he is not authorized to do so.

Art.
22 (Relationship with former public officials)

1. The public official should not give preferential treatment or privileged
access to the public service to former public officials, nor hold a penalizing behavior
against them.

Art.
23 (Compliance with this law and sanctions)

1. The Secretariat of State with responsibility for the Civil Service and the Directorate General of Civil Service
treat the spread of this Act. The public official is required to
behave in accordance with law and shall, therefore, take note of its
provisions and any amendments. In case you are not sure how to proceed, he must
contact your immediate superior.

2 The Directorate General of Public emanates of this law
circular application, provides a public concrete agent's activities support through IT tools
and promotes specific training activities. 3
. The provisions of this Act supplement the duties of public servant whose infringement
is sanctioned, subject to the possible application of penal provisions, in accordance with prevailing standards of discipline
.
4. The concluded contracts and appointments made in violation of article 21, paragraph 3
, are null and it is forbidden to private parties who have entered into or delivered them
bargain with the Administration for the next two years with repayment obligation of compensation
possibly perceived and assessed attaching to them.
5 shall retain the right to pursue an action for compensation for the damage caused to the image
Administration, under current rules.
6. This Act may be modified by delegated decree, in order to align it with
directives and international provisions.

Art. 24
(expenses related to the implementation of the code of conduct)

1. It is provided with the formalities required and the implementation of the provisions of this Act
in human and financial resources available, without new or increased burdens on the public finances
.

Art.
25 (Entry into force)

1. This Law shall enter into force on the fifth day following that of its legal publication
.



Our Residence, this day of September 5 2014/1714 dFR



THE CAPTAINS REGENT
Valeria Ciavatta - Luca Beccari


THE SECRETARY OF STATE FOR INTERNAL AFFAIRS


Gian Carlo Venturini