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Law 30 March 2012 35 - Provisions Of Extraordinary Naturalization

Original Language Title: Legge 30 Marzo 2012 N.35 - Disposizioni Straordinarie Della Naturalizzazione

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BILL


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;
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on 21 March 2012:


LAW 30 March 2012 35


EXTRAORDINARY PROVISIONS ON NATURALIZATION


Art.
1 (General)

1. San Marino citizenship by naturalization is granted on an exceptional basis by the
Great and General Council under the rules set out in this law.


Art. 2
(Requirements)

1. A national of the foreign state or a stateless person may request to be naturalized citizen
San Marino if you meet the following requirements:
a) be in writing, as of April 1, 2012 and the time of application, in the records
of the resident population and be at those dates, actually residing in the territory of the Republic
;
B) have effectively and continuously resided in the territory of the Republic, as of 1 April 2012
for at least twenty-five continuous years if citizen of foreign country, or
least ten consecutive years if stateless person, or at least eighteen continuous years if
has lived in the territory of San Marino at birth and without interruption;
C) not to have been, in the Republic or abroad, with final judgment, penal
to the penalty of imprisonment or interdiction from public office for more than one year
premeditated crime.
2. For the foreign spouse of a citizen of San Marino the actual residence period is fifteen
consecutive years, provided it is not pending or defined procedure
marital separation or nullity or dissolution or termination of the civil effects of marriage. Can access the
naturalization referred to in this paragraph also the citizen spouse died
San Marino prior to the deadline of submission of the application for naturalization. 3
. The decision on the application for naturalization submitted by those who are subjected to
criminal case is suspended until it has become final the sentence or the
proceedings have been finally disposed.
4. The decision on the application for naturalization filed by subject for whom both
during a judicial procedure for the purpose of statelessness is suspended until it
judicata its judgment.


Art. 3
(residence)

1. For the purposes of this Act, it shall mean dwelling only the possession of the residence registry
, and the possession of the permit to ordinary or special continuous stay.
2. The dwelling must be by a special Civil Status Office certification for
registered residence and the Gendarmerie for the residence permit and for the actual residence and continuous
.


Art. 4
(Effects on minor children)

1. The effects of naturalization extend immediately to the minor children of naturalized parents
who has submitted an application, provided that they are dwelling at the date application.
2. The preceding paragraph also applies to the child whose parent, who would have been entitled to naturalization
are qualified by reference to the date of 1 April 2012, has died
before the deadline for the submission of the application without having presented it. 3
. The application for naturalization to minors is presented by the person exercising parental authority, or by
guardian or by the special prosecutor appointed by the Law Commissioner which court
protect. They pay, on behalf of minors, the oath set out in Article 9 and release the
statement of intent to give up other citizenships held under this law.
4. The younger naturalized pursuant to paragraph 1 or paragraph 2 retains citizenship
San Marino acquired if within the final period of twelve months from the coming of age
comply with article 9 for the renunciation of other citizenships | || owned.

Art. 5
(Question)

1. The application for naturalization is submitted to the Secretary of State for Internal Affairs
by 31 October 2012, on forms prepared for this purpose.
2. The application must contain a statement of the conditions under which the person concerned
requires the granting of citizenship and self-certification regarding:
a) birth data, with the data for the parent the child pursuant to paragraph 2 of Article 4;
B) family status;

C) residence and / or permission of ordinary or special continuous residence, indicating the relative lasting
;
D) actual residence indicating the relative duration;
E) citizenship and the spouse's personal details and permanence of the marital status and not
slope of marital separation or invalidity proceedings or
dissolution or termination of the civil effects of marriage, or the spouse's death for the cases referred to in paragraph 2 of Article 2
;
F) pending charges;
G) absence of the conditions laid down in Article 2, paragraph 1, lett. c). 3
. The application shall be accompanied by:
a) the receipt, in original or certified copy, proof of payment of the fee set forth in Article 6
;
B) authentic full copy of the marriage certificate for the case referred to in paragraph 2, Article 2
where the marriage was celebrated abroad;
C) the certificates in original foreign state or foreign states, source and any previous
residence relating to criminal record with pending criminal charges.
D) for the stateless person, a certified copy of the certificate with the passage court decision, issued by
Court of the Republic of San Marino, which determines the status of a stateless person;
S) for the child mentioned in Article 4, paragraph 1, which is not even abiding resident, the
birth certificate issued by the foreign State with an indication of parental data.
4. Applicants may enclose with the documentation referred to in paragraph 2
when it does not intend to carry out its affidavits.
5. The accompanying certificates must be given no more than three months after the submission of the application
date.
6. In the application the applicant must:
a) indicate their exact and complete name and possibly also of minors to which
requires to extend the naturalization pursuant to Article 4;
B) declare that it will voluntarily give up any other citizenship held, if it is
admitted to naturalization.
7. The application and related documentation are filed with the Secretary of State for Internal Affairs
which shall issue a receipt.
8. The statements made in applications, are verified by the auditors referred to in Article 7,
directly and / or through delegated controls to the relevant departments to its claims and
certifications.


Art. 6
(Requirements relating to the submission of applications)

1. The questions and the documents annexed thereto are in free paper tax stamp.
This tax is replaced by an amount of EUR 200.00 fee payable to the Office of the Register and
Conservatory or at bank branches.

Art. 7
(College and examination of applications)

1. Applications will be examined by the College specifically made up of three judges appointed by the Chief Judge of the Court
. The College is assisted by a chancellor with the minutes
functions.
2. The Secretariat of State for Internal Affairs by forwarding the applications to the College
within 15 days of receipt of the request. 3
. The Board, following the examination of the applications, draw up minutes which shows the list of
applicants who are in possession of the requirements to obtain naturalization. The College shall forward the report to the Office
Institutional Secretariat, by 14 December 2012.

Art. 8
(naturalization Concession)

1. The Great and General Council grants naturalization by taking cognizance of the minutes
in the preceding article.
2. The acknowledgment is sent by the Office Secretariat Institutional each
concerned and the registrar who shall register the person concerned in the records of the same
citizenship, giving the Authority foreign communications competent.


Art.
9 (Oath and renunciation of other citizenships held)

1. The naturalized citizen must take the oath of allegiance to the Republic prescribed
from Contacts XL of Book V of the Leges Statutae.
2. Upon oath the naturalized citizen must present documentation of
has been notified to the competent authorities and foreign offices of the waiver request to the other
held citizenships. The naturalized citizen must also declare upon oath,
under its civil and criminal liability, not to be in possession of more citizenships. 3
. Failure on oath, unless documented cases of force majeure, acts
automatic disqualification from the granting of citizenship.
4. Within a deadline of one year from the oath or, for minors referred to in Article 4, the

Coming of age, must be formalized in a definitive way the loss of other citizenships held
, otherwise the concerned removed from the Citizenship Registers.

Art.
10 (Duties of the Office of Civil Status)

1. The Officer of the Civil State shall as soon as possible to be recorded in the registers of citizenship
took the oath and the successful transmission of renunciation of citizenship or citizenships
to its holding in accordance with Article 9. || | 2. The Officer of the Civil State shall concerned removed from the Registers of
citizenship if, within a deadline of one year from the oath or the fulfillment of
age, is not conclusively formalized the loss of the other held citizenships.

Art.
11 (Sanctions)

1. Anyone for the acquisition of citizenship representation untrue or
produces false documents is punishable under the applicable provisions of the Penal Code and decays
granted by naturalization.
2. A public official issuing false statements or certifications, attestations or
false documents for naturalization under this Act shall be punished under the law
provisions of the Penal Code and the applicable rules of discipline. 3
. Deletion from the registers of citizenship as a result of conviction for cases referred to in paragraphs 1 and 2
is performed by the Registrar Civil State immediately after the passage judicata
of the criminal sentence that has conviction. The criminal court is bound to the notifications and communications
necessary for the purposes of the obligations referred to in this paragraph, supervising their timely execution
.


Art.12 (original nature of citizenship of San Marino)

1. They may require the original nature of the San Marino citizenship
those who become naturalized citizens of San Marino if the mother's children born to San Marino origin
has or has not benefited from the law on reinstatement and reinstatement in citizenship.
2. The request is made the registrar that performed the appropriate
investigations, proceeds without further formalities updating of Acts of Civil Status of which
Articles 8 and 91 of Law 43 of August 12, 1946 concerned and of the acts of the descendants
who expressly request, according to the rules and principles relating to citizenship.
The interested party is not bound by the obligations referred to in Article 9 if the request and the positive outcome of the investigation
occur on a date prior to the same obligations.

Art.
13 (Transitional provisions)

1. The Officer of the Civil State, at the request of the parties concerned, is allowed to re-enroll in the Registers of Citizenship
those who, having freedom under the law, have not made the
statement of intent to maintain the San Marino citizenship within statutory deadlines
it. The request must be submitted in person the registrar or diplomatic and consular
forward to the Authority within the deadline of 30 September 2012.
2. The Electoral Commission is authorized to make any revisions extraordinary
of electoral lists that may be necessary for the participation of citizens
naturalized under this law at the next election.

Art.
14 (Entry into force)

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



Our Residence, this day of March 30 2012/1711 dFR


THE CAPTAINS REGENT
Gabriele Gatti - Matteo Fiorini






THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta