INTERNATIONAL LETTERS ROGATORY FROM ABROAD
(Transmission of requests)
1. Without prejudice to the different transmission procedures provided for by the bilateral conventions in force for the Republic of San Marino, the request and annexed documents shall be addressed directly by the judicial authorities of the requesting State to the Single Court of the Republic of San Marino and at the same time a copy thereof shall be sent to the Secretary of State for Justice.
(Judge responsible for letters rogatory received from abroad)
1. The judge responsible for letters rogatory shall be the Law Commissioner.
1. With the exception of the case of suspension of the request, the Law Commissioner shall rapidly execute the letter rogatory and, in any case, within and not later than 60 days of receipt, by adopting the relevant order of exequatur.
2. In the event of irregular letters rogatory, the time-limit of 60 days envisaged by the preceding paragraph shall run from receipt of the amendments and/or information requested to complete the request.
3. Execution of the request shall be refused:
1) if the acts requested are contrary to the principles enshrined in the Declaration of Citizens’ Rights and Fundamental Principles of San Marino constitutional order;
2) if the acts requested are expressly prohibited by law;
3) if the acts requested prejudice the sovereignty, security or other essential interests of the Republic of San Marino;
4) if the request concerns an offence considered a political offence or an offence connected with a political offence in the Republic of San Marino;
5) if the request concerns the same fact and the same person against whom the San Marino judicial
authorities have issued a final judgement.
6) if the letter rogatory concerning search or seizure of property is submitted on the basis of offences that are not punishable under both the law of the requesting State and the law of the Republic of San Marino, or if the request is not consistent with the law of San Marino;
7) if the letter rogatory concerns the summons of a witness, expert or defendant before the foreign judicial authorities and the requesting State does not provide any appropriate guarantee in regard to the immunity of the summoned person.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.