Competent national judicial authority

Republic of San Marino

Amendments to law No. 104 of July 2009 (Law on International Letters Rogatory Relating to Criminal Matters)

Art. 1

Sub-paragraph 4), paragraph 3 of Article 8 of Law no. 104 of 30 July 2009 shall be amended as follows:

“4) if the request concerns an offence considered a political offence or an offence connected with a political offence under San Marino Law. In no case shall the offences of association for the purposes of terrorism, terrorist financing and the offences committed for the purpose of terrorism or subversion of the constitutional order be deemed political crimes;”


Art. 2

Sub-paragraph 6), paragraph 3 of Article 8 of Law no. 104 of 30 July 2009 shall be amended as follows:

“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, unless the fact against which the foreign Judicial Authority takes action is connected with offences for the purposes of terrorism, terrorist financing, as well as with offences committed for the purpose of terrorism or subversion of the constitutional order;”.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(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.