San Marino

Law on International Letters Rogatory relating to Criminal Matters

TITLE II

CHAPTER I
INTERNATIONAL LETTERS ROGATORY FROM ABROAD

Art. 4
(Form and content of requests)

1. Requests for assistance shall indicate as follows:

a) the authority making the request and, if different, the authority competent in respect of criminal proceedings;
b) the object of and the reason for the request;
c) the offence which the requesting State prosecutes;
d) a brief summary of the facts, unless the object of the request consists of a request for service;
e) where possible, the identity and the nationality of the person concerned, and
f) where necessary, the name and address of the person to be served.

2. The request for judicial assistance and annexed documents shall be transmitted accompanied by their translation into Italian.

3. Evidence and documents transmitted pursuant to this Law shall not require any form of authentication.


Art. 5
(Irregular requests)

1. If the request does not comply with the provisions of the preceding article, or the information contained therein is not sufficient to allow the Republic of San Marino to deal with said request, the Law Commissioner shall request the judicial authorities of the requesting State to modify the request or to complete it with additional information, subject to the special procedure referred to in Article 9 of this Law.

2. If the judicial authorities of the requesting State do not modify the request within the time limit of one year of receipt of the request for additional information, the irregular request shall be filed.

Keywords

Contents of request - other forms of assistance



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