Microsoft Word-DL089-2016.doc REPUBLIC of SAN MARINO July 25, 2016 Decree # 89 (June 29, 2016 Ratification Decree-Law No 79) Us Captains Regent of the Republic of San Marino Saw decree-law June 29, 2016 # 79 – provisions concerning protection of witnesses of crimes of corruption, fight against corruption and transparency in administration-promulgated: having regard to the conditions of necessity and urgency referred to in article 2 , paragraph 2, subparagraph b) of the Constitution Act December 15, 2005 # 183 and article 12 of the law # 184:  December 15, 2005 Qualified the need to dictate provisions concerning protection of witnesses of offences referred to in title IV, chapter IV of the Penal Code and further implementation of transparency in administration in relation to access to administrative documents;
 the urgent need to make these changes, the next 72nd plenary meeting of GRECO in which you examine the State of implementation of the recommendations of the compliance report on San Marino following the first and second joint evaluation cycle;
Having regard to the resolution of the Congress of State # 9 adopted at its meeting of June 21, 2016;
Having regard to the amendment made to the above-mentioned Decree within the ratification thereof by the Grand and General Council at its meeting of July 18, 2016;
Having regard to the resolution of the great and General Council # 26 of July 18, 2016;
Having regard to articles 8 and 9, paragraph 5, of the Qualified Law # 186/2005;
Promulgate and send to post the final text of the decree-law June 29, 2016 # 79 as amended as a result of the amendments approved by the Grand and General Council in the ratification of the same: PROVISIONS CONCERNING PROTECTION of WITNESSES of CRIMES of CORRUPTION, FIGHT AGAINST CORRUPTION and transparency in administration Art. 1 (protection of witnesses of offences referred to in title IV, chapter IV of the Penal Code) 1. In order to keep confidential the identity of witnesses and the content of testimony in criminal proceedings relating to the offences referred to in title IV, chapter IV of the Penal Code, the investigative Judge declares by reasoned Decree special secrecy status referred to in article 5 of the law June 17, 2008 # 93 with regard to investigative activities involving such persons; the aforementioned acts and Ordinance are kept in separate file during the entire investigation phase.
2. The security grading process and publication ceases with the Special Court has, with the decree for establishing the hearing, the Union of the acts referred to in paragraph 1 to the file of the case, unless the Authority considers necessary, having regard to the additional preliminary findings, use the witness and reveal the identity of the witness for the purpose of establishing the offences for which we proceed.
3. In order to safeguard, in the discussion phase of the process, the confidentiality of the identity of the witness to be examined, the trial takes place behind closed doors. The trial judge may have, when the need arises, measures to ensure the protection, safeguarding the safety and security of the witness and/or its coming next of kin; It is, in particular, prohibited the dissemination of General information and images of the same as well as news relating to it.
4. The witness that, based on reasonable suspicion and in good faith, has provided statements in criminal proceedings relating to the offences referred to in title IV, chapter IV of the Penal Code should not suffer any prejudice, direct or indirect discriminatory or retaliatory safeguard measures having effects on working conditions for reasons linked directly or indirectly to the witness. In such cases, when it is apparent evidence of retaliatory safeguard or discriminatory nature of the measures taken, it is incumbent upon the employer the burden of proof of the existence of proper reasons in support thereof. The sanctions or disciplinary actions taken by the employer in violation of the provisions of the first sentence of this paragraph shall be void.
The measures provided for in this paragraph are also recognized to protect the next witness, if relatives employed by the same employer.
5. The protections referred to in paragraph 4 are not guaranteed in cases where it is established, even with the judgment of first instance, the witness's criminal liability for offences of libel or slander or false testimony or his liability for the same title, in cases of intent or gross negligence.
6. The provision of article 8, paragraph 5 of law No 93/2008 apply to pleadings and documents gathered during the trial and the parties from rulings and storage measures for which special privacy regime is foreseen in paragraph 1.

Art. 2 (amendments to article 1 of law No 160/2011) 1. The introductory part of article 1, paragraph 2 of law October 5, 2011 # 160 is replacing: "except as provided in title IV of this Act applies".

Art. 3 (amendments to article 25 of law No 160/2011) 1. Article 25, paragraph 1 of law No 160/2011 is replaced: "1. The San Marino citizens, foreign nationals or resident in the Republic and the legal persons, associations, foundations, agencies that have registered offices in the Republic can access to administrative documents that are in the possession of the Administration even regardless of qualified legal positions and differentiated protection purposes and no need to motivate the logon request. The exercise of access is granted and governed by the following provisions and the regulations of this Act. They are, however, subject to the special rules. ".
2. in article 25 of law No 160/2011 the following subparagraph is added: "3. The Directorate-General for public administration, organizational units, departments, Autonomous State companies and public sector entities Widened which is addressed the request for access shall be required, if they are identified or identifiable subjects and preventative pursuant to article 30, give a notice to the same , by sending a copy of the request by registered mail with return receipt or by secure computing channels, in accordance with the regulations. Within 30 days of receipt of the notification, the

preventative may submit a motivated opposition, including with respect to personal data protection requirements; After that period the Administration, after ascertaining that the receipt of the notification, shall on the request within the period provided for in article 29, paragraph 1. ".

Art. 4 (amendments to article 27 of the law n. 160/2011) 1. Article 27, paragraph 2 of law No 160/2011 is replaced: "2. the consultation of preparatory documents of an administrative act being drafted is admitted pursuant to articles 14, paragraph 2, and 15, paragraph 1, letter b).".

Art. 5 (amendments to article 29 of the law # 160/2011) 1. In article 29, paragraph 1 of law No 160/2011 the expression "from the date of receipt of the request" is replaced with "from the date of receipt of the request or the expiry of the period granted to one or more preventative for presentation of possible opposition in mind article 25, paragraph 3".
2. Article 29, paragraph 2, point a) of law No 160/2011 is replaced: "to support the opposition presented by subject and preventative) where in accordance with article 25, paragraph 3.".

Art. 6 (Reports) 1. The alerts referred to in article 3, paragraph 2 of the decree-law June 16, 2014 # 90 may also be made to the Financial Intelligence Agency (FIA) which shall, if it thinks fit, inform the judicial authority or police.

Art. 7 (Repeals) 1. Articles 26, paragraph 2 and 30, paragraph 2, point d) of law No 160/2011 shall be repealed. It is also suppressed the expression "within the meaning of article 25" in article 32, paragraph 2 of the same law # 160/2011.

Given from our residence on 25 July 2016/1715 d.F. R Captains Regent Gian Nicola Berti – Massimo Andrea Ugolini, the SECRETARY of STATE for HOME AFFAIRS Gian Carlo Venturini