National procedures for temporary transfer for purposes of identification, for obtaining testimony or other assistance

Republic of San Marino

Law on International Letters Rogatory relating to Criminal Matters



Art. 26
(Handing over and return of property)

1. The Law Commissioner may delay the handing over of any property requested, if said property is necessary in connection with criminal proceedings pending in the Republic of San Marino.

2. Any property handed over in execution of letters rogatory shall be returned by the requesting State to the Republic of San Marino as soon as possible, unless the latter waives the return thereof.

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:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.