Juvenile Laws at San Marino
San Marino's juvenile justice system is characterized by a strong emphasis on rehabilitation, restorative justice, and the protection of minors' rights, in alignment with international standards.
⚖️ Legal Framework
Convention on the Rights of the Child (CRC): San Marino ratified the CRC on November 25, 1991. The Constitution mandates that international agreements protecting human rights take precedence over national laws in case of conflict.
Criminal Code: The age of criminal responsibility is set at 14 years. For minors over 14, judges may reduce sentences based on a bio-psychic assessment, considering the severity of the offense. Minors are entitled to hearings conducted in a protected manner, ensuring confidentiality.
Family Law Reform Law (1986): This law provides for child protective proceedings and establishes the Minor Service, responsible for the welfare of children. Judges can place children in foster care with or without parental consent if it's in the child's best interest. In cases of neglect or abuse, parental authority may be suspended.
🛡️ Rights and Protections for Minors
Corporal Punishment:Prohibited in all settings, including the home, schools, and penal institutionsThe 2014 amendments to the Penal Code criminalize corporal punishment, with penalties ranging from imprisonment to disqualification from exercising parental authority
Access to Justice:Children have the right to judicial protection of their rights and interests, While legal aid is available for representation, access to legal advice is limited, There is no Ombudsman or independent human rights institution, but children can appeal to the European Court of Human Rights after exhausting domestic remedies
🏛 Juvenile Justice System
Unified Court System San Marino's judiciary is centralized in the "Tribunale unico e commissariale," which handles civil, criminal, and family law matter. The court is monocratic, with judges serving as both first-instance and appellate judge.
Restorative Justice Initiatives San Marino is exploring restorative justice models, aiming to involve the community in the rehabilitation process and reduce recidivis. The country is considering the possibility of abolishing its penitentiary institute, focusing instead on rehabilitation and reintegration.
In summary, San Marino's juvenile justice system prioritizes the well-being and rights of minors, emphasizing rehabilitation over punishment and aligning with international human rights standard.
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