Postponement - ongoing investigation or prosecution

Republic of San Marino

Law on International Letters Rogatory relating to Criminal Matters



Art. 10

1. The execution of the letter rogatory shall be suspended by the Law Commissioner by reasoned order, if it is likely to be detrimental to investigations in criminal proceedings pending in the Republic of San Marino.

Art. 11
(Partial acceptance of the request)

1. Before rejecting or returning a letter rogatory, the Law Commissioner shall assess, after having consulted with the judicial authorities of the requesting State, where necessary, whether the request may be partially accepted.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).