TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 17
(Confidentiality)

1. Outside what is necessary to execute the request, the requesting State may demand that the Republic of San Marino keeps the facts to which the request refers confidential.

2. If the execution of the request entails under San Marino law to adopt procedural guarantees that are not consistent with the confidentiality requested, the Law Commissioner shall immediately inform the requesting State thereof.

3. If a criminal file is opened in the Republic of San Marino further to the confidential transmission, the provisions of Article 5, paragraphs 1 and 2 of Law no. 93 of 17 June 2008 shall be applied for the sole purposes of international cooperation and for the period of 3 months.

4. If an autonomous criminal file is opened in the Republic of San Marino following the confidential transmission and the competent judge considers that the provisional secrecy regime shall be applied, the provisions and time limits envisaged by Article 5, paragraphs 1 and 2 of Law no. 93 of 17 June 2008 (periods during which any period granted under the previous paragraph is not computed) shall be implemented.