Criminal law in San Marino

San Marino applies the principle of legality: conduct can lead to criminal responsibility only when a law defines it as an offence, and a more favourable later law can apply retroactively under the Nuovo Codice Penale. Criminal jurisdiction generally covers offences committed in San Marino and on San Marino ships, recreational boats and aircraft, with additional extraterritorial rules for listed offences, terrorism and offences covered by international treaties. San Marino distinguishes misfatti, which require intent, from delitti, which may also be committed negligently. An omission can lead to responsibility when the person had a legal duty to act. Attempt, self-defence, necessity, coercion, mistake and lack of criminal capacity can affect responsibility or the sentence. Anyone may report suspected criminal conduct to the Commissario della Legge or to the Gendarmeria, Polizia Civile or other police authority. A querela is a formal complaint for offences that require a complaint by the harmed person and must follow the applicable form and deadline. The police send information to the judiciary without delay. In urgent cases, police may secure objects and evidence, submit a report within 48 hours and obtain judicial validation within 96 hours. In violence cases, the report must be forwarded within 72 hours. The Investigating Judge directs preliminary investigations, while the Procuratore del Fisco supervises the legality of the proceedings and also considers circumstances that favour the accused. Lawful evidence is required. Investigation periods are generally 18 months for offences punishable by a fine or arrest or by first- or second-degree imprisonment, 24 months for third- or fourth-degree imprisonment, 30 months for fifth- or sixth-degree imprisonment and 36 months for higher penalties; a reasoned extension can last up to four months. Judicial notice normally lasts 90 days. An accused person and the defence lawyer receive broad access to the case file and can submit documents, make applications, obtain copies and attend or be represented in relevant acts. A court-appointed defence lawyer is available when the accused has no chosen lawyer. Precautionary measures, such as detention, house arrest, travel restrictions, reporting duties, contact or residence bans and suspension of professional, public or parental rights, require serious evidence and a concrete current risk. The court must use the least restrictive sufficient measure. Detention periods and their possible extensions depend on the offence category, and review of a detention order can be requested within 96 hours; the reviewing decision follows within 48 hours. Appeals against precautionary orders generally have a ten-day period, with a possible further ten days, while a legality challenge generally has a 30-day period. Sanctions include prigionia from first to eighth degree, ranging from three months to 35 years, interdizione, arresto, a fine, a daily fine, judicial reprimand, security measures and confiscation. A suspended sentence is generally available up to two years and can extend to three years for a person under 18 or at least 70. Depending on the sentence and risk assessment, alternatives can include probation through social services, home detention, conditional release, semi-release, work or study release and electronic monitoring. The Carcere dei Cappuccini is the prison facility. Prison work may take place inside or outside the prison under an Enforcement Judge's order, and up to half of the earnings may be retained for procedural costs, maintenance or compensation claims. Law 78/2023 and Regulation 7/2023 provide for human dignity, remaining status rights, a presumption of innocence before conviction, a valid detention order, risk assessment and reintegration. The 31 March 2022 Italy-San Marino agreement supports recognition and enforcement of alternative sanctions, probation and conditional release. A harmed person can inspect the file, submit applications and evidence and participate in searches or expert examinations. By joining as a civil party, the harmed person can claim compensation within the criminal proceedings. In cases involving violence against women, children, gender-based violence or domestic violence, Social Services, police forces, healthcare professionals and teachers have reporting duties under Law 97/2008 and Decree 62/2024. The Authority for Equal Opportunities, the Mental Health Unit, the Minors' Protection Unit and the Guardianship Judge may have defined roles. Police can remove an alleged aggressor from the family home, seize weapons and arrange shelter through Social Services. Protection orders can include a family-home exclusion, contact or location bans of at least 500 metres, visitation rules and maintenance payments. Confidentiality, recorded interviews, psychological assistance and child-sensitive procedures are available in the relevant cases. The violence victim assistance line 0549 994800 operates around the clock. A child under 14 is not criminally responsible. For ages 14 to 17, responsibility depends on the ability to understand and control the conduct, normally assessed through a biopsychological expert examination, and the sentence is reduced by one or two degrees. A person up to 21 may receive a one-degree reduction in suitable cases. San Marino's documented system does not establish a separate juvenile court; the Minors' Protection Unit and Guardianship Judge have particular roles in violence and protection cases. Road offences include driving under the influence of alcohol, drugs, psychotropic substances or medication misuse. The alcohol threshold is 0.50 mg/ml, refusal of medical testing receives the same penalty, and the offence can result in third-degree arrest, a fine or an alternative and first-degree driving disqualification. Digital offences include unauthorised system access, unlawful interception or interference, data or programme damage, computer fraud, electronic-document or signature identity fraud and the non-consensual dissemination of sexually explicit images or videos. The latter offence can lead to first- to third-degree imprisonment depending on aggravating circumstances, a EUR 2,000 to EUR 12,000 fine and confiscation. International cooperation can involve extradition under Law 41/2014 and requests for evidence or documents under Law 104/2009 and Law 128/2010. Extradition requires dual criminality and excludes political discrimination and inhuman punishment; terrorism is not treated as a political offence for that exclusion. Criminal cases should also respect reasonable-time limits of three years at first instance, two years at second instance and one year at third instance, with a six-year overall maximum. A claim for satisfaction is generally filed within four months and may result in EUR 1,000 to EUR 2,000 for each excess year.