Service of documents - national procedures for ICC proceedings

Republic of San Marino

Law on International Letters Rogatory relating to Criminal Matters

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 19
(Service of writs and records of judicial decisions)

1. The Republic of San Marino shall effect service of writs and records of judicial decisions which are transmitted for this purpose by the requesting State.

2. If the requesting State expressly so requests, the Law Commissioner shall order that service is effected in one of the manners provided for the service of analogous documents under the domestic law, or in a special manner envisaged by San Marino law.

3. Proof of service shall be given by means of a receipt dated and signed by the person served or by means of a declaration made by the Republic of San Marino that service has been effected and stating the form and date of such service.

4. One or other of these documents shall be sent to the requesting State. If the requesting State so requests, the Republic of San Marino shall state whether service has been effected in accordance with its own law. If service cannot be effected, the reasons shall be communicated immediately by the Law Commissioner to the requesting State.

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 23
(Service of a summons on a prosecuted person)

1. A summons to appear relating to a prosecuted person who is in the territory of the Republic of San Marino shall be transmitted to the competent authority of the Republic of San Marino at least 40 days before the date set for appearance.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;