Costs

Republic of San Marino

Law on International Letters Rogatory relating to Criminal Matters

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 18
(Expenses)

1. Ordinary expenses for the execution of the request shall be burdened by the Republic of San Marino.

2. The refunding of the expenses incurred by the attendance of experts and witnesses in the territory of the requested State and the transfer of a person in custody shall be an exception to the general free-of-charge principle.

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 21
(Refunding of expenses for witnesses or experts)

1. With the exception of different criteria contained in the bilateral conventions in force for the Republic of San Marino, the allowances to be paid and the travelling and subsistence expenses to be refunded to a witness or expert by the requesting State shall be calculated as from his place of residence and shall be at rates at least equal to those provided for in the scales and rules in force in the country where the hearing is intended to take place.

Rome Statute

Article 100 Costs

1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:

(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;

(b) Costs of translation, interpretation and transcription;

(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;

(d) Costs of any expert opinion or report requested by the Court;

(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and

(f) Following consultations, any extraordinary costs that may result from the execution of a request.

2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.