Criminal Procedure Code at San Marino
The Criminal Procedure Code of San Marino is primarily governed by Law No. 93 of 17 June 2008, which outlines the rules and procedures for criminal investigations, prosecutions, and trials within the Republic. This law aims to ensure the protection of individual rights and the effective administration of justice, aligning with constitutional principles and international human rights standards.
📘 Overview of Law No. 93/2008
Law No. 93/2008 serves as the foundational legal framework for criminal procedure in San Marino. It establishes the rights and obligations of individuals involved in criminal proceedings, including the accused, victims, and law enforcement authorities. The law emphasizes the principles of legality, fairness, and transparency throughout the criminal justice process.
⚖️ Key Provisions
Right to a Fair Trial: Accused individuals are entitled to a public hearing, to be informed promptly of the charges, to have adequate time and facilities to prepare their defense, and to be tried by an independent and impartial tribunal.
Presumption of Innocence: Every individual is presumed innocent until proven guilty, and any doubt regarding guilt benefits the defendant.
Legal Representation: Defendants have the right to be assisted by a lawyer of their choice and, if necessary, to have legal aid provided.
Detention Conditions: Any deprivation of liberty must be ordered by a competent court and is subject to legal review.
Appeals: The Code provides mechanisms for challenging decisions through appeals, ensuring that higher courts can review and rectify potential errors in judgments.
📄 Accessing the Full Text
The full text of Law No. 93/2008, along with other legislative documents, is available in English on the official website of the Consiglio Grande e Generale (Great and General Council): (Testi in lingua inglese - Consiglio Grande e Generale)
👉 Legislative Texts in English – Consiglio Grande e Generale
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