TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 20
(Appearance of witnesses and experts)

1. Without prejudice to contrary provisions contained in the bilateral agreements in force for the Republic of San Marino, a witness or expert who has failed to answer a summons to appear, service of which has been requested, shall not be subjected to any punishment or measure of restraint, unless subsequently he voluntarily enters the territory of the requesting State and is there again duly summoned.


Art. 21
(Refunding of expenses for witnesses or experts)

1. With the exception of different criteria contained in the bilateral conventions in force for the Republic of San Marino, the allowances to be paid and the travelling and subsistence expenses to be refunded to a witness or expert by the requesting State shall be calculated as from his place of residence and shall be at rates at least equal to those provided for in the scales and rules in force in the country where the hearing is intended to take place.


Art. 22
(Immunity of witnesses or experts)

1. No witnesses or experts, whatever their nationality, appearing before the judicial authorities of the requesting State in response to a summons, shall be prosecuted or detained or subjected to any other restriction of their personal liberty in the territory of the requesting State for acts or convictions anterior to their departure from the territory of the Republic of San Marino.

2. The immunity provided for in this Article shall cease when the witness or expert, having had the opportunity to leave the territory of the requesting State during a period of fifteen days from the date on which his presence is no longer required by the judicial authorities, has nevertheless remained in the territory, or having left it, has voluntarily returned.

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 25
(Appearance of a detained person)

1. Any detained person whose personal appearance as a witness or for purposes of confrontation is applied for by the requesting State shall be temporarily transferred to the territory of the State where the hearing is intended to take place, provided that he shall be sent back as soon as possible and subject to the provisions relating to the immunity envisaged by Articles 22 and 24 of this Law in so far as these are applicable.

2. Transfer shall be postponed if the presence of the detained person is necessary in criminal proceedings pending in the territory of the Republic of San Marino.

3. In the case provided for in the preceding paragraph and in accordance with the requirements envisaged for the execution of letters rogatory, transit of the detained person through the territory of a third State shall be granted on application, accompanied by all necessary documents and addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the State through whose territory transit is requested.

4. The transferred person shall remain in custody in the territory of the requesting State and, where applicable, in the territory of the State through which transit is requested.

5. The period of detention served by the detained person who is transferred abroad to take part in the hearing requested shall be computed as a period served for the purposes of the domestic conviction.