LAW February 2, 1994 9 (published February 9, 1994)
Changes to the Criminal Code and the Code of Criminal Procedure
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 of February 2, 1994. Art.1
the first paragraph dell'art.206 the Criminal Code is replaced by the following:
"Anyone, in the territory of San Marino or San Marino drawee institution, it writes a check bank
without having had the drawee institution authorization or without it at this
there is an adequate provision shall be liable in the prison in the first instance or a fine in lire, or with
daily fine of the second degree. ".
Art.2 Article. 50 of the Criminal Code is replaced by the following:
"art.50
(offense continued)
Who, with more 'actions or omissions, commits more' violations of the same provision of the law criminal
connected together by the same criminal plan, shall be punished with the penalty established for
the most 'serious violation, it increased suitably, taking into account the number and scope of the offenses, to an extent not exceeding the maximum
grade.
If the base penalty is imposed in most, the limit is the maximum of the higher grade. ".
Art.3 dell'art.54 The first paragraph of the Criminal Code is replaced by the following:
"The offense is prescribed:
1) in two years, if it is punished by the rebuke, daily fine, arrest, ban
first or second degree, first-degree imprisonment, alone or combined with each other;
2) in three years, if it is punished with imprisonment of a second able, with third-degree disqualification or
fourth degree, with a fine by lire, sun, combined with each other or other penalty;
3) in four years if it is punished with imprisonment of third grade, alone or in conjunction with any other penalty;
4) in five years if it is punishable by imprisonment in the fourth degree, alone or in conjunction with any other penalty;
5) in eight years if it is punished with imprisonment of the fifth degree, alone or in conjunction with any other penalty;
6) in sixteen years if it is punished with imprisonment of sixth grade, alone or in conjunction with any other penalty;
7) twenty years if it is punished with imprisonment of the seventh or eighth able, alone or jointly with other
penalty. ".
Art.4 dell'art.61 The first paragraph of the Criminal Code is replaced by the following:
"The judge, in pronouncing sentence for one or more 'crimes committed in formal or
competition or together for a continued criminal offense, may order the imprisonment
applied to an extent not exceeding two years, interdiction, arrest, lire fine or only out any of those punishments inflicted
remain suspended for a period of two to four years. ".
Art.5 In the Criminal Code, after the art.106, are added the following products:
"Art. 106 bis
(Probation with the social services)
In cases it is deemed that the measure contributes to the rehabilitation of the offender and ensure the prevention
risk of committing other offenses, sentenced to imprisonment term not exceeding three years
can be assigned to a social service outside prison for a period equal to that of the sentence to be served
.
people addicts or alcoholics who have a recovery program in progress or
that it intend to submit may at ogn time to be entrusted to the test
social service to continue or undertake the therapeutic activity based on a
program agreed with the social Aid Council.
the application may be given by the judge sentenced Execution even before the issue
of the incarceration and will suspend its enforcement.
the positive outcome of the trial period expires the sentence and any other criminal effect.
05; 16 6
Art. 106b
(Detention Home)
The penalty of imprisonment not exceeding two years, although represents the residual part of most
punishment can be expiated, if there was probation with the social services,
in their homes or in another private house, or in a public place of care or assistance.
The home detention can be granted if the sentenced person is not considered socially dangerous
and there are proven health esignze, study and work.
It must also be permitted if it is:
1) woman in a state of pregnancy or suckling their offspring or mother of children under three years
living with her;
2) person who is in a serious state of physical or mental infirmity;
3) those over the age of 65 even partially disabled.
The Execution Judge may also authorize the convict to be absent from their place of detention
during daylight hours for the time necessary to cover his
Essential needs of life, if not in a position to provide otherwise, or for
exert work necessary for their livelihood and family.
The condemned man, being detained in their homes or in another of
places indicated in the first paragraph it has gone away, shall be punished under Article 363 of the Criminal Code.. "
06; 15 106
the first paragraph of Article 6. dell'art.204 the Criminal Code is replaced by the following:
"Whoever, by deceiving anybody using deception or artifice, produces for himself or for
others an unjust profit, shall be punished with imprisonment and also with second-degree daily fine or prohibition of
second degree. "
06; 15 106
Art.7
All'art.252 the Criminal Code is added the following paragraph:
"and 'without prejudice to the use of their weapons and improper practice of sports linked to them, in compliance with the rules and
regulations for the individual specialties.. "
06; 15 106
Article 8. Chapter II of the Penal Code Implementation provisions is replaced as follows:
" Chapter II | || DISCIPLINE OF ALTERNATIVE MEASURES TO IMPRISONMENT
(Sub articles 64, 103, 104, 105, 106, 106 bis and 106 ter of the Penal Code) ".
06; 15 106
Art.9 The article 7 of the Court of P Code Implementation Provisions is replaced by the following:
"Art.7
When the sentenced evidence is to be admitted to the experiment, to conditional release
probation with the social services and home detention, the judge Execution
appoint the Judicial educators must assist him, choosing from among educators, social workers
citizens or highly qualified. ".
06; 15 106
Art.10 The first paragraph of article 9 of the Criminal Code Implementation Provisions is replaced by the following
:
"The Educator work in collaboration and under the direction of the Social Aid Council, which
reports on the results of the measures. ".
06; 15 106
Art.11 The first period article 10 of the Penal Code Implementation Provisions is replaced by the following
:
"The condemned subjected to alternative measures to detention must ".
06; 15 106
Art.12 In the second paragraph article 11 of the implementing provisions of the Penal Code is added to the following 9
:
"9 ) to prohibit or restrict, in case of home detention, communications with persons other
those that cohabit with him or assisting him. ".
06; 15 106
Art.13 The article 12 of the Penal Code Implementation Provisions is replaced by the following:
"Art.12
If the outcome negative evidence of the experiment, the Execution Judge adopts
measures envisaged in Art. 64, second paragraph, of the Criminal Code.
the probation with the social service and home detention are dismissed by Judge
Execution, by decree immediately enforceable, if the subject keeps a
behavior contrary to the requirements dictated or incompatible with the continuation of the measure or when
come to an end with the requirements for the acceptance of the same.
the measures referred to above are pronounced by the judge, after hearing the opinion of the
Social Aid Council. ".
06; 15 106
Art.14 Article. 53 of the Criminal Procedure Code is replaced by the following:
"art.53
The personal coercive measures are preventive detention in prison or in a health resort, the
house arrest, the obligation or ban on residence in the territory of the Republic or part of it
, the travel ban.
no one shall be subjected to personal coercive measures except
are adequate evidentiary elements that, at present, do feel responabile the person for offenses for which to proceed
configurable and the offense for which the law provides for the adoption of the measure.
the personal coercive measures ordered by the judge that proceeds only if there is danger of || | tampering with evidence or prevented the escape or if there are serious needs of the community protection
.
It 'adopted the precautionary measure less severe for the person and for his family, as long as concretely enough compared
the purpose.
the measure must still be proportional to the gravity of the offense and the punishment or measure of security
that would be applied in this case, t nuto account whether
conditional suspension of sentence . These items are valued at the state of the proceedings.. "
06; 15 106
The art.54 Art.15 of the Criminal Procedure Code is replaced by the following:
" Art .54
Pre-trial detention may be ordered in the following cases:
1) if the offense for which he proceeds is punished with imprisonment of first Instance and there is no danger of
Tampering with evidence, concealment of crime or subtracting the execution of the sentence;
2) if the offense for which proceeds shall be punished by imprisonment not less than the second degree and when
any other measures prove insufficient.
When placing under house arrest, the judge must follow the rules established nell'art.106 ter
paragraphs three, fourth and fifth, of the Criminal Code.
The prejudiced is entitled to the defense on the loose when they no longer
reasons that led to the adoption of the arrest warrant.. "
06; 15 106
Art .16
the art.55 of the Criminal procedure Code is replaced by the following:
"art.55
the subpoena can be issued against those defendants are not subject to measures of personal coercion
.
In all cases in which you place the subpoena, the biased, after questioning, is released
but is obliged to recur every time they are called.. "
06; 15 106
the art.56 Art.17 of the Criminal procedure Code and the amendment made in Article 19 of Law 11 December 1974
86 are replaced by the following:
"art.56
An appeal against the measures in the field of personal coercion or asset or to
seizures or their validates prevented and the Prosecutor may submit a complaint to the tax authorities
Judge of Appeal, Penalty within ten days of their notification or execution.
An appeal against the measures on asset coercion or kidnapping or
their validation, the plaintiffs also can pr lay claim.. "
06; 15 106
Art. 18
All'art.78 of the Criminal procedure Code is added to the end of the following paragraph:
"In case of necessity and urgency, members of the police may carry out
seizure of the corpus delicti and things relevant to this by transmitting within forty-eight hours its
report from the Law Commissioner, who, if they ricorron the conditions, the validation within the next
ninety-six hours, to the extent revocation. ".
06; 15 106
Art.19 the Art.200 of the Criminal procedure Code and the amendment made in Article 19 of Law 11 December 1974 n
. 86 are hereby repealed.
06; 15 106
Art.20 the dell'art.205 # 5 bis of the Penal procedure Code is replaced by the following:
"5) expresses opinions to the Execution Judge for admission to probation, in custody
probation and home detention. ".
06; 15 106
Art.21 The art.229 of the Criminal Procedure Code is replaced by the following:
"Art.229
It always means prescribed under penalty nullity as well as compliance with the article 17 of the provisions relating
:
a) the formation of the judge
b) the participation of the Prosecutor of the Treasury to the proceedings when it is provided and the || | other acts to which is allowed the presence of defense counsel;
c) the operation and defense of the private parties.
the nullity of an act extend to acts that depend on it and it must be pleaded by the Prosecutor | || the tax authorities or by private parties or taken ex officio by the judge, before the conclusion of the degree of
judgment in which it occurred.
the nullity can not be prejudiced by those not interested or has competition to give due and is remedied
if the act has achieved its purpose or if the person has paid it acquiescence. ".
06; 15 106
Articles Art.22. 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 9 and 20 are applicable to current processes, while
the artt.1, 2, 3, 6, 7 , 18 and 21 shall apply to acts committed after the entry into force of this Act
.
06; 15 106
Art.23 This Law shall enter into force on the fifteenth day following that of its legal publication
.
Our Residence, this day of February 7 1994/1693 Foundation of the Republic THE CAPTAINS REGENT
Gian Luigi Berti - Paride Andreoli
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Antonio L. Volpinari
