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;”.

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 6
(Transmission of requests)

1. Without prejudice to the different transmission procedures provided for by the bilateral conventions in force for the Republic of San Marino, the request and annexed documents shall be addressed directly by the judicial authorities of the requesting State to the Single Court of the Republic of San Marino and at the same time a copy thereof shall be sent to the Secretary of State for Justice.


Art. 7
(Judge responsible for letters rogatory received from abroad)

1. The judge responsible for letters rogatory shall be the Law Commissioner.


Art. 8
(Judicial work)

1. With the exception of the case of suspension of the request, the Law Commissioner shall rapidly execute the letter rogatory and, in any case, within and not later than 60 days of receipt, by adopting the relevant order of exequatur.

2. In the event of irregular letters rogatory, the time-limit of 60 days envisaged by the preceding paragraph shall run from receipt of the amendments and/or information requested to complete the request.

3. Execution of the request shall be refused:

1) if the acts requested are contrary to the principles enshrined in the Declaration of Citizens’ Rights and Fundamental Principles of San Marino constitutional order;

2) if the acts requested are expressly prohibited by law;

3) if the acts requested prejudice the sovereignty, security or other essential interests of the Republic of San Marino;

4) if the request concerns an offence considered a political offence or an offence connected with a political offence in the Republic of San Marino;

5) if the request concerns the same fact and the same person against whom the San Marino judicial
authorities have issued a final judgement.

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;

7) if the letter rogatory concerns the summons of a witness, expert or defendant before the foreign judicial authorities and the requesting State does not provide any appropriate guarantee in regard to the immunity of the summoned person.