LAW 25 February 1974 n. 17 (published in the albo of the Government Palace on March 1
1974).
Issue of the new penal code.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting on February 25, 1974:
Art. 1
They approved the Criminal Code and Explanatory Report in the text resulting from Annexes "A" and
"B" of this Act.
Art. 2
The new Penal Code will enter into force on 1 January 1975.
Art. 3
By the Secretariat of State for Internal Affairs a copy of the Code and the report will be sent to all
San Marino breadwinners.
Art. 4
A special commission, formed by the Law Commissioners and the Secretary of the Commission Scientific
who prepared the draft of the Criminal Code, will prepare a draft transitional rules
, implementation and coordination with the Code criminal as well as change some regulations
of criminal procedure concerning the application, modification and execution of sentences and
security measures and also regarding the participation of the education brief formal
defense.
This project must be approved by the Great and General Council no later than 30 November 1974
.
Art. 5
The New Code of Criminal Procedure must be approved by the Great and General Council
no later than 1 January 1976.
The Commission provided for in article 4 above dvrà draw up a draft with
solutions alternatives to be given to the fundamental principles inspired the new procedure.
Subsequently a Council Commission, formed by the same criteria of what has
approved the Criminal Code and sent deliberant, where consensus can be reached, and sent
referent in other cases, will have to make the choice among the alternatives mentioned in the preceding paragraph.
It will also appoint a scientific commission that can draw up a text
robust project in compliance with the principles thus adopted.
The Council Committee referred to in the previous paragraph will, finally, to the discussion and approval of the final text
, with ratification delConsiglio Great and General.
Our Residence, this day of 28 February 1974 to 1673 Foundation of the Republic THE CAPTAINS REGENT

Antonio Volpinari - Giovan Luigi Franciosi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Giuseppe Lonfernini | ||
NB This law has already been published in Volume IV p. 1967; It is reported as a legitimate subsequent
Annexes A and B.

Schedule "A": Criminal Code
BOOK ONE GENERAL PART



TITLE CRIMINAL LAW
Art. 1

Principle of legality No one may be punished for an act that is not expressly provided for by law as a crime, nor
with penalties that are not expressly laid down by it.
No one shall be subjected to security measures that are not expressly anticipated by
law, nor except in cases established by it.
Art. 2
not extensive efficacy of the judgment - Analogy
In the exercise of jurisdiction of the Court must be limited to the interpretation of the law in relation
to the case to be decided, and may not issue rulings general.
Its judgments are not binding in other cases the solution.
Art. 3
Non-retroactivity of criminal law
No one may be punished for an act which at the time it was committed did not constitute a criminal offense or
more 'severe penalty than that imposed by allor applicable law.
It has retroactive effect the new legislation that abolishes a fact from the list of crimes and if
there has been condemnation will not be executed and criminal effett.
It has retroactive effect to the new law, whose dispoizioni are more 'favorable to the accused, unless
was pronounced final judgment; However the judge, ex officio, shall review the sentence imposed
with the sentence of condemnation to prison when the new law prescribes a term of imprisonment of two
degrees.
Art. 4

Ignorance of criminal law Criminal law is mandatory when it has been made public by insertion in the Official Bulletin of the Republic
.
Ignorance of the penal provisions can not be invoked in his defense.
Art. 5

offense committed in the Republic E 'subject to the provisions of this Code anyone, even alien or stateless person, commits an offense
in the State, subject to the exceptions provided for in international conventions.
The purposes of criminal law are considered to be the territory of the State the territory of the Republic
, ships and aircraft San Marino wherever they are, unless they are subject to a territorial
foreign law.

The offense means committed in the State where the offender has made you
criminal acts that has in it the event occurred.
Art. 6
Offences committed abroad
E 'subject to the provisions of this Code, everyone who commits one of the crimes set out in the articles of the
State: 170, 185, 196, 284, 285, 324, 325 , 326, 328, 329, 331, 332,
333, 334, 337, 338, 339, 341, 342, 343, 344, 346, 37 400, 401, 403, 405.
It 'also subject anyone who commits the crimes referred to in articles 167, 168, 244 and 268; the misdeeds of
referred to in Articles 237 and 239, if carried through aircraft hijacking having first
target the territory of the State or by its parties; any other offense for which the
agreements or international treaties obliging the Republic to the repression of acts committed abroad
.
The San Marino law also applies to anyone who commits, outside the state to
against a national of San Marino, misdemeanor punishable by imprisonment of not less able to
second.
Art. 7
admissibility for certain offenses committed abroad to the detriment of a citizen
Apart from the cases mentioned by the first or second paragraph of the previous article, and without prejudice
than is otherwise provided in international conventions, do not proceed for the offenses punishable
last part of that article if the following conditions concur:
1) that the citizen or foreigner has been judged and acquitted abroad;
2) that, convicted abroad, he has atoned nte entirely rebuilt and the sentence imposed by the sentencing
judgment, even though to an extent less than that imposed by this Code;
3), convicted abroad, he has served part of his sentence with the sentence
judgment, if that party is equivalent to Totalia of the penalty imposed by the present code.
Art. 8

Extradition Extradition is regulated by international conventions and, where they do not have, by law
San Marino.
The extradition of people who are in the territory of the Republic is allowed only when the following conditions are
:
1) that the fact is envisioned as crime or misdemeanor by law and that of the State of San Marino | || applicant;
2) that the offense, the penalty or security measure are not extinct for one or the other law;
3) that the prosecution can be exercised for one or the other law;
4) which does not relate to a citizen of San Marino, except as expressly permitted by
international conventions;
5) that it is not a political offense or an offense connected to this crime or exclusively military and
which in any case have indicated that extradition is requested for political purposes.
And 'political offense any crime that offends a political interest of the State or a political right
citizen. For the sole fact of extradition it is considered politically also common crime
determined mainly by political motives.

TITLE TWO THE AUTHOR OF CRIME Chapter
I

NO BLAME PEOPLE Art. 9
Inability of discernment
There is attributable who, when he committed the crime, he was in such a state of mind
exclude the ability of discernment.
If the capacity of INTED and the will was greatly diminished, the penalty is reduced by one to two degrees
.
When the act was committed in ebbrietà conditions by alcohol or drugs, the
judge, in the circumstances of the fact and to the personality of the subject, can decrease the
worth of a degree.
Art.

10 Liability of minors is not due to those who are younger than twelve years.
For children over twelve or over, but not eighteen, the court, if it finds the ability
of discernment, the punishment with a reduction of one to two degrees.
The judge may, worth a grade lower than those at the time of the fact they had a
aged up to twenty years.

Chapter II THE DANGER 'CRIMINAL
Art. 11
hazard criminal
For the purpose of this code is criminally dangerous person, though not due or not punishable
, who committed a misdeed some or the other facts set out in Articles 26, 28 and || | 29, when the judge believes that he will be able committing new offenses punishable by law as
misdeeds.
Art. 12 Assessment of the dangerousness

The court finds the danger in the circumstances and conditions laid down articol
88 and 89 and establishing, where it is necessary, biopsychic expertise.
Art. 13
hazard alleged
The law considers dangerous people:

1) higher or lower age, declared habitual misfattori, craft or constitutional;
2) convicted for crimes of association to commit a crime, trafficking and slave trade, extortion
with kidnapping, trafficking and exploitation of people engaged in prostitution;
3) of legal age, declared not due to infirmity of mind or chronic intoxication
alcohol or drugs, though acquitted by MISF cts that the law punishes by imprisonment of not less than able
fifth;
4) condemned on pain decreased to infirmity of mind or chronic intoxication by alcohol or drugs
for the effect of the second paragraph of 'Article 9, if it is determined the imprisonment term of not less than sixth grade
for the crime committed.
Even in such cases the court finds the danger, provided that must be applied a security measure
with the conviction or acquittal, when they are five years since
day when the crime was committed done. Chapter III

I MISFATTORI USUAL, THE CRAFT AND CONSTITUTIONAL
Art. 14
Misfattore usual
The judge declares usual misfattore the condemned when, having regard to the character of the crimes,
to their severity, number and the time in which they occurred, considers that the convicted offender | || acquired the habit of crime.
Art. 15
Misfattore craft
The judge declares the craft misfattore sentenced to that, fulfilling the conditions indicated in the previous article
, showing living of the proceeds of criminal activity.
Art. 16

Misfattore Constitutional Judge declares the constitutional misfattore who, even minors under the age eighteen, he
transgressed against life, personal integrity or sexual freedom, when the efferatezz
execution, indecency and futility of the reasons reveal the absence of the basic sentiments of humanity
.
Art. 17
offenses of the same nature
the purposes of criminal law are considered crimes of the same nature carattterizzati dall'indentità
offended the legal right, or the identity of the decisive causes, regardless of their classification in the
this code or special laws.
Art. 18
of habitual Declaration, trade or constitutionality
The habitual declaration, trade or constitutionality is pronounced with the sentence, after notifying
.
To these effects, as well as those of recidivism, the court may take into account convictions handed down by a court of
foreign State, unless otherwise provided by international conventions
.
Art. 19
Effects of habitual declaration, trade or constitutionality
The habitual declaration, trade or constitutionality, besides the increase of pain resulting from
recurrence and application of security measures, imports the following effects :
1) the exclusion from the amnesty and dall'indulto;
2) the exclusion from the prescription of punishment;
3) the increase by half the time required to October black rehabilitation.
The habitual declaration, trade or constitutionality is extinguished as a result of rehabilitation. THIRD TITLE


THE CRIME CHAPTER I DEFINITION

Art. 20 Species

The offenses are divided into crimes, crimes and offenses, according to the express legislative provision.
Art. 21
Misdemeanors, crimes and misdemeanors
The crimes are punishable only when committed intentionally.
The crimes are punishable fault.
The offenses are punishable by way of intent or negligence.
Art. 22
Details circumstances of aggravation or mitigation - Gravity of the fact
The penalties for crimes are adopted in accordance with the kind of degrees.
In the competition of special aggravating circumstances or mitigating it undergoes its
variations of species or grade established.
The gravity of the offense is given by species more 'serious penalty for which it provides and, subject, by
degree of punishment, taking into account the variations that follow the application of the preceding paragraph
.
Art. 23
objective circumstances, subjective and related to the individual offender
At the effects of criminal law between the particular circumstances of aggravation or mitigation of sentence
, are considered objective those concerning the conduct mode, gravity
of the damage or danger, conditions or personal qualities one offended.
The circumstances concerning the intensity of intent are considered subjective or the degree of guilt,
the reasons to commit a crime and the relationship between the offender and the offended.
They are related to the individual offender and the circumstances relating to the recurrence.

Chapter II THE CRIME CONSUMED, TRIED AND FAILED

Art. 24
Completed act - Causality
The offense is complete when you experience the event of damage or danger
required by law as a result of the conduct of commission or omission of 'people.
The event is also a result of a concealment when the person has a legal duty to prevent it
.
Art. 25
Competition causes
The assistance of one or more 'cause, preexisting simultaneous or supervening, independent of the conduct of the perpetrator
excludes the causal link, when they were of exceptional character and || | unpredictable for the agent.
Art. 26

The Misfatto attempted crime is not consummated punishable as attempted when the agent, with the desire to consume a
offense, it undertakes the execution in an unequivocal manner by appropriate means without being able || | performing the action.
In this case, the penalty may be decreased by one to two degrees.
The agreement is not executed for committing an offense is not punishable; However, the court may apply a
a security measure.
The preceding paragraph shall also apply in cases of incitement not accepted or not performed
, unless the law provides otherwise.
Art. 27
Misfatto failure
The misdeed was missing when the agent has made the already tut for the implementation, but the event does not occur, however
.
The penalty in this case can be decreased by one degree.
Art. 28
withdrawal and termination active
Who voluntarily desist from the conduct started or voluntarily prevents the production of the event
, it is not punishable; but it is for the courts to apply a security measure.
If the enforcement activities undertaken, although not punishable as a crime or attempted failure,
up for themselves an offense, the agent subject to the penalties provided for it.
Art. 29
Offense impossible
The absence of the object of the crime to criminal responsibility; but the court may enforce a security measure
.
This liability is not excluded if the acts committed, in itself considered, they constitute an offense.

Chapter III PSYCHIC ELEMENT OF CRIME
Art. 30
Consciousness and will
For the existence of the offense are required consciousness the will of the pipeline.
Art. 31 Dolo

The offense is intentional when the agent with his own conduct intended to, even indirectly, causing
the event.
It is not necessary that the agent wants or expects the occurrence of the condition from which the law does
depend on the punishment of an offense.
The agent answers the events that aggravate the offense, he had not expected nor desired.
Art. 32

Blame The offense is negligent when the agent with their conduct inadvertently causes an event,
although expected, through negligence, carelessness, waterproof aunt, for failure to comply with legal regulations, orders
or disciplines.
Art. 33

physical compulsion is not punishable if committed the act to be forced by others, through physical violence
which could not resist or otherwise escape.
In this case, the offense was committed by the person obliged, she responds perpetrator.
Art. 34

factual error The non-culpable error that constitutes a criminal offense, lthough determined by ignorance of non-criminal
standards, to criminal responsibility.
Criminal liability is also excluded if the factual error concerning the assumption of causes that would make lawful
conduct.
Art. 35
determined Error dall'altrui deception
If the error was determined dall'altrui deception will apply the above provisions, but the
fact committed by the person responds deceived those who determined to commit it.
Art. 36
culpable error
In the cases of involuntary error the provisions relating to offenses and the fines are applicable.
Art. 37

personally Error In the event of an error on the victim of a crime, are not borne by the guilty
the particular circumstances of aggravation concerning the conditions or quality of the person offended or
relations between the offended and the offender, and are measured in its favor the circumstances of
attenuation, erroneously supposed, that concern conditions, qualities or these relations.
Art. 38
Offense aberrant
If the agent by mistake on the use of the means of execution of the offense or for other cause, causes a
event other than the intended, responds to wrongdoing failure not occurred event and for the crime or offense
event declined, if this can be attributed to the fault and the fact and expected
by law as a crime or offense, but the punishment is increased by one degree.
The foregoing provision shall not apply where the agent causes offense to anyone other than

One to whom it was directed; in this case the c lpevole responds as if he had committed the crime
to the detriment of the person who wanted to offend and the particular circumstances of aggravation or mitigation of sentence
are valued according to the rules of Article 37. If the
guilty also causes the desired event, the rules on competition of the offenses.

Chapter IV THE CAUSES OF JUSTIFICATION
Art. 39

consent of the person entitled not punishable who harms or endangers good with the consent validly expressed by
person who has the right to dispose of them.
The consent is not valid if it is extorted by violence or taken for easily recognizable error,
obtained by deceit or manifested by minor person of eighteen or incapable of understanding and
will.
Art. 40

Fulfillment of duty is not punishable who has made the fact nell'adempiento of a duty imposed by an order
legitimate authority.
If the fait accompli in the execution of a illeg ttimo order is a criminal offense, we respond is who gave the order is
who changed it.
Is not punishable who performs the illegal order when the law does not allow the union
on the lawfulness of the order, unless the execution of this is self-evidently a crime.
For the purposes of the legality of the order must be satisfied that the performer said
order have the prescribed forms, falls within its powers and those who issued it, is issued in order to achieve the purposes for which
its power was conferred by law. In case of error apply
provisions of Articles 34, paragraph 2, and 36.
Art. 41
legitimizing defense
not punishable who has committed the act to be drawn compelled by the need to defend a
own or others' rights against the current unjust danger offense, provided that the right
threatened is minimal compared with the right importance harmed and there is no proportion between the means of defense
used and those available.
Art. 42

state of necessity is not punishable if committed the act to be forced by the need to save themselves or others from danger
present serious harm to the person, threatening him not voluntarily caused || | nor otherwise avoidable, provided that the act is proportionate to the danger.
It 'punishable who had a particular legal duty to expose himself to danger.
The arrangement of the first part of this Article shall apply even if the state of necessity is determined
dall'altrui threat; but in that case the offense was committed by the person who threatened
responds caused her to commit it.
Art. 43
Legitimate use of force
No public official is punishable who nell'sercizio of his duties uses made of
physical coercion other than those arms, there being constrained by the need to overcome the resistance
interposed a legitimate action of the authority or to reject violence taking place against it.
Who is serving the public officer shall apply the provisions of Article 40.
The use of weapons is permitted only in cases expressly provided by law.
Art. 44
Crimes committed in sports matches
In motorsport is not punishable if the opponent has caused harmful events or to third,
when the race was held according to the rules of the game and with the observance of the rules
established authority.
If the act is due to willful misconduct or negligence, the subject will respond as crime or misdemeanor.
Art. 45

When Excess culpable in committing the fact is negligently exceed the limits prescribed by law or by the order
authority or imposed from the need, apply the penalties for the crimes.

Chapter V CRIMES COMMITTED BY MEANS OF SOCIAL COMMUNICATIONS
Art.
46 Offences committed by means of the press
When a crime is committed by means of the press is responsible for the author of the script and
anyone contest with him.
If the author is unknown, or not attributable to the resident 'stero or publication is made in his
knowledge, shall be punished:
1) in case of the periodical press, the director of the publication;
2) in case of non-periodical publications, the publisher; or, if this is unknown, not attributable
or resident abroad, the person who has printed the authority by law;
3) in the event of illegal printing, the printer; ovver, if this is unknown, or not attributable
residing abroad, the distributor.
With the author of the script is still responsible civilly, jointly and severally, the owner of the newspaper
or in case of non-periodical publications, the publisher or printer, if the publisher is missing.
Art.
47 Offences committed by other means or media of communication

When a crime is committed, or by other means of social communication, is
responsible for the author of the text, and anyone who has the competition with him.
If the author is unknown, not attributable, residing at 'stereo or if the representation or
reproduction is made without his knowledge, shall be punished:
1) the program director, if it comes to communications periodic;
2) the manufacturer, in other cases.
The manufacturer is still responsible civilly jointly and severally with the author of the text. Chapter VI


CRIMES OF THE CONTEST Art. 48
offenses material Competition
Whoever commits more 'crime is punished with the penalties established for each of them, except as
arranged in the following articles as well as in the rules on competition, both of both of these punishments with
security measures.
Art. 49
formal Concurrent offenses
If the culprit with a single act or omission violates various provisions of the criminal law
or more 'times to the same provision, shall be punished with the penalty for the most' serious crime, but in measure
not lower than the third grade.
Art. 50
offense continued
Who, with one or more 'actions or omissions, commits more' violations of the same provision of
criminal law, linked together by the same criminal plan, it shall be punished with penalty || | established for the more 'serious violation, increased by one degree.
Art. 51

When the offense complex criminal law considers facts that costituicono for themselves offense as constituent elements
or aggravating circumstances of another offense, apply the penalties laid down for this.

Chapter VII EXTINCTION OF CRIME
Art. 52

Cause estintive extinguish the offense, if they take part before conviction:
1) the death of the offender;
2) amnesty;
3) the prescription;
4) remission lawsuit.
Also extinguish the offense the judicial pardon, the fulfillment of the conditions of the suspension of the sentence
, the voluntary settlement and the special cases provided for in Book II.
Art. 53 Amnesty

And 'exclusive prerogative to grant amnesty Great and General Council.
The extinction of the offense for amnesty effect is limited to crimes committed throughout the day preceding the date of submission
dela corresponding proposal to the Council, except in the
a pardon is set a different date .
The amnesty may be subject to conditions.
In the competition of more 'crimes of it applies to individual crimes for which it is granted.
Art. 54

Prescription of the offense The offense is prescribed:
1) in a year, if it is punished with a reprimand, fine the other day, the arrest, the prohibition of the first or second
degree, first-degree imprisonment, alone or combined with each other;
2) in two years, if it is punished with imprisonment of the second degree, with the intedizione
third or fourth grade, with a fine of ITL, sun, combined with each other to any other penalty;
3) in three years if it is punished with imprisonment of third degree, alone or in conjunction with any other penalty;
4) in five years if it is punishable by imprisonment in the fourth degree, alone or in conjunction with any other penalty;
5) in eight years if it is punished with fifth degree prisons, alone or in conjunction with any other penalty;
6) in sixteen years if it is punished with imprisonment of sixth grade, alone or in conjunction with any other penalty;
7) twenty years if it is punished with imprisonment of the seventh or eighth grade, alone or in conjunction with any other
penalty.
To determine the time required to prescribe it takes account of changes in the degree of punishment
arising from the competition of special circumstances of aggravation or mitigation.
Art. 55
time of the offense
For the purposes of the term needed to prescribe and the effect of the amnesty, the offense is considered
committed at a time when it ceased the activity of the guilty party or the day that is ceased
permanence or continuation in the case of permanent or continued offenses.
Art. 56

The suspension of the term prescription is suspended for the period necessary to define the criminal judgment or administrative
on a question referred to the establishment of the offense in question as well as in other cases established by
law.
The prescription begins to run again from the day when it ceased due to the suspension.
Art. 57

Any interruption of the term procedural act performed by the judicial organs causes limitation, which
begin to run from the last of them.
They also interrutivo effect pleadings one offended or accused directed to the judge, that
are notified by means of the cursor to the adverse party and to the Prosecutor of the Treasury.
In any case the terms of the prescription can not be continued beyond the half.
Art. 58
extensive Effect

The effects of the suspension and interruption lie at sharers and cooperators as well
defendants of related crimes.
Art. 59
Application amnesty and prescription
In any stage of the proceedings the court shall apply the amnesty and prescription unless
appears already found that the facts did not, that the accused not it has committed or that the fact
not constitute a crime, in which cases will have to acquit the accused with the prescribed formula.
Art. 60
Remission Remission lawsuit lawsuit is effective when it is accepted. If more 'are co-owners or co
takes effect only in regard to those who have accepted it.
If the lawsuit has been proposed by more 'people remission it must be made by all. In
otherwise it remains unaffected the lawsuit of those who have not made the remission.
Art. 61
Suspended sentence
The judge, in pronouncing sentence for one or more 'crimes committed in formal competition or
or together for a continued criminal offense, may order the imprisonment applied in measuring
not exceeding one year, the interdiction, arrest, lire fine or only out any of those punishments inflicted
remain suspended for a period of two to four years.
If the offender is less than eighteen years of age or older or has the seventies, the
suspension may be ordered by imprisonment not exceeding three years.
If the offense continued, for crimes committed in co formal course or simultaneously are
sentences at different times c ditional suspension is ordered by the court to which it
to determine the cumulative penalty, provided that imprisonment does not exceed the limits set out in the preceding paragraphs
.
Art. 62
Conditions for the suspended sentence
The suspended sentence may be conc ssa:
1) if the court, in the circumstances mentioned in Articles 88 and 89, believes the culprit
will not commit further crimes;
2) if the offender is not a dangerous person;
3) if at the time of the crime committed eight years have elapsed by the Atonement of the sentence, the execution
of detention or their extinction, in the case of convictions prior to imprisonment to an extent not applied
less than three years; if five years have passed in the case of lower
imprisonment, disqualification, or to stop out any previous convictions in only one of these penalties.
Art. 63 Obligations of the convicted

The judge may make the suspended sentence fulfillment out any of the obligations set out in Article 140.

When such a new sentence to the fine in lire, the suspension may
be subject to payment of the fine or financial penalty and previously suspended.
Art. 64

probative Experiment In applying the conditional suspension of his imprisonment, the court may subject the
sentenced to a control system, a re-educational purpose, which has duration of less than two years, by relying
to educators and social workers or citizens who are particularly qualified.
In case of failure of this experiment the judge may extend up to three years the period of
control or inflict daily fine of First Instance or order that the convicted person is subject to the execution of a
part of the fine or imprisonment for no more than the third.
Art. 65
suspension Revocation
The suspended sentence was revoked in law if the convicted:
1) the terms established commits wrongdoing, crime or offense of the same nature;
2) reports subsequent sentencing to imprisonment, interdiction or arrest for a crime committed in
time indicated in number three of Article 62;
3) does not fulfill its obligations under Article 63.
Art. 66
Fulfilment of the conditions of the suspended sentence if the convicted
that the penalty has been suspended does not commit the terms established wrongdoing,
crime or offense of the same nature and fulfills the obligations that may be imposed according || | Article 63, the offense is extinguished.
Art. 67

judicial Forgiveness In the cases covered by the second paragraph of Article 61, the court may grant a judicial pardon
when it is satisfied the contest particularly important circumstances which give full custody that
offender will not commit further crimes.
Art. 68 Prohibition of forgiveness

The judicial pardon can not be granted more 'than once, nor to those who have already been convicted in
different penalty from one daily fine.
Art. 69

The Oblation voluntary misdemeanors punishable by one daily fine shall lapse upon the voluntary settlement.

It consists of the payment, made before judgment, a number of fine days, equal to the third
scale determined.
The judge in the measure with which admits the offering determines the amount of his
fine day, according to the provisions of Article 85, paragraph two.
Art. 70
Extinguishing a prerequisite offense, constituent element or circumstance of aggravation of another crime

When the offense is the assumption of another crime, the cause that extinguishes does not extend to the other crime
.
The cause extinctive of a crime, which is a constituent element of a crime or circumstance of aggravation
whole, does not extend to this.
Art. 71 Effects of estintive

causes Unless the law provides otherwise, the extinction of the offense has effect only for those to whom the cause of extinction
refers.
Art. 72
of estintive causes Competition
When deployed at different times more 'cause of stensione, fol- do cease
effects that are not yet extinct as a result of antecedent cause.
If you address simultaneously, qull operates more 'favorable, but even then,
for effects that have not been extinct in consegu nce of the cause more' favorable, applies
preceding paragraph.

FOURTH TITLE THE COMPETITION MORE 'PEOPLE IN CRIME
Art. 73
Sharing and cooperation
All those who in any way participated in the commission of a fact envisioned as
crime, underlie the penalty for it may determine.
If the case of the crime and the event was determined by interdependent conduct more 'people,
each cooperator is subject to the penalty established for it.
In contraventions competitors are responsible, as appropriate, by way of
partnership or cooperation.
Art. 74
Competitor not due or otherwise not punishable
who puts others in the state of inability to understand or want to commit a crime or
determines what that person is already in this stto or otherwise not punishable, liable for the offense committed
.
Art. 75
Penis for competitors
The judge assesses the work done by each shared or co-operator for the purposes of
of the sentence, just to Articles 88 and 9. When the work
paid from shared or co-operator was entirely secondary in
preparation or execution of the crime, the punishment may be reduced by one degree.
Art. 76

The Repentance of shared shared that, after taking part in the conception of the crime or to certain implementing acts,
recedes from its continuation, is responsible for the crime consumed by others, but the judge | || may decrease the penalty of one to two degrees.
Art. 77
offense other than the one desired by out any of the competitors
If the offense committed is different from that intended to be out any of the competitors, these will respond
as a crime if the event is a result of his conduct and can be ascribed to the fault, but the penalty is increased to two degrees
.
If the offense is not foreseen as a crime, ic mpartecipe responds wanted the event, but
the sentence can be increased by one degree.
If you also commits the crime wanted to apply the provisions on the offenses are committed.
Art. 78
Change the title of the crime for any of the competitors
If the conditions or personal qualities of the guilty party or the relationship between the offender and the offended
changes the title of the offense for anybody of those who there are competitions, the others respond
the same title.
Art. 79
Evaluation of the exclusion of punishment
The subjective causes, which exclude the penalty for anybody of those contests in the offense,
take effect only with respect to the person to which they refer.
The objective causes will affect all those competitions in the offense.

TITLE V PENALTIES AND SECURITY MEASURES CHAPTER I


PENALTIES IN GENERAL Art. 80
penis Species
The penalties laid down by law are, in order of most serious, the following:
1) imprisonment;
2) interdiction;
3) stop;
4) fine in lire;
5) daily fine;
6) judicial reproof.
Art. 81

Imprisonment The imprisonment has the following degrees:
1) from three months to one year;
2) by six months to three years;
3) from two to six years;
4) from four to ten years;
5) from six to fourteen years;
6) from ten to twenty years;
7) from fourteen to twenty four years of age;
8) from twenty to thirty-five.
Art. 82
Interdiction and its species
The ban has the following degrees:
1) from six months to one year;
2) from nine months to two years;
3) from one to three years;
4) from two to five years.

The ban includes:
disqualification from public offices, political rights, by a profession or an art;
Loss of parental authority, appointment of the guardian or curator, or the ability to test;
the forfeiture of any permit or state license and the rights arising from it.
The exclusion from public office without the condemned:
1) of any public office or service and the qualities to them respectively inherent
public official and civil servant;
2) of the titles, decorations and honors;
3) salaries and personal checks which are the responsibility of the Republic or any other public body
, subject to the rights accrued for the payment of indemnities and pension systems;
4) the ability to buy the offices and dignities of the preceding numbers one and two, as well as the benefits
inherent in them.
The disqualification from political rights deprives the convict active and passive electorate or the ability to buy
.
The ban from a profession or an art matter in disqualification from the profession, art,
industry, trade, or craft for which a special permit, authorization is required, authorization or license
; also deprives the convict of the ability to buy them.
The loss of parental authority and appointment of the guardian or curator, involves the loss of those
office and deprivation of all rights of inheritance is not that it is up to the parent on the child's property.
Art. 83

Stop The arrest has the following degrees:
1) from five days to one month;
2) fifteen days to two months;
3) one to three months.
The judge ordered that the arrest is granted at home, in the manner specified by them, having regard
to working needs and family circumstances of the convicted person spent in prison or the national holidays or other
days of the week until the stop-time inflicted. 84 Fine Art


In lire lire fine the amount to be paid is stable by the law directly into money, between a minimum of ITL
duecentomilauno and maximum liret million.
Art. 85
Fine of days
In the days to fine the amount to be paid is however established by law in respect of a
number of days within a minimum and a maximum.
It is up to the judge to determine in each case the amount of money corresponding to a day in fines
, based on what the convict can save every day, living frugally and
fulfillment to potential charges for maintaining of the family.
The fine days has the following degrees:
1) from one to twenty days;
2) from ten to forty days;
3) from twenty to sixty days.
Art. 86

Judicial judicial rebuke reproof consists of a solemn warning, adapted to the particular conditions
of the person and the extent of the offense committed, the judge turns to the condemned in a special public hearing
.
If the convicted person fails to appear at the hearing set or does not accept the admonition with respect, the
judge, instead of reproof, applies the first-degree imprisonment.
That penalty also applies to those who, having committed a crime punishable by one reproof, in the next five years
commits another punishable by one reproof.

Chapter II APPLICATION, MODIFICATION AND ENFORCEMENT OF PENALTIES
Art. 87
Discretion of the judge
In Grade Judge limits apply discretionary penalty.
When the criminal law does not determine which ban should apply, including those indicated in the article
82, the court may choose a discretionary one or more 'or proceed with a ruling
all together.
When economic conditions of the offender a fine of ITL can be presumed to be ineffective, even if
the maximum is applied, the court may replace it with the first-degree imprisonment.
In any case, the court must give a reasoned justification for the use of the discretion granted
in the preceding paragraphs.
Art. 88
Evaluation criteria: severity of the crime
In the use of discretion in the previous article, the judge must take into account the severity of the inferred offense
:
1) by insidious means, deceit, cunning and other circumstances of time, place or person
, of which the offender has served for King ostacol public or private defense; or, conversely,
being helped to determine the event the fact arson, and, in the crimes, even the fact of negligent
victim; by the number of people concurred in ato r; and, in any case, by
mode of action;
2) the relevant entity or a tenuous nature of the asset year caused to the injured party;

By the number of people who had to suffer prejudice; from public scandal; and in any case
extent of the damage or danger;
3) by acts of torture or cruelty to people, on the contrary, from having acted in a state of anger
dependent on another's provocation or suggestion arising from a mob;
by the subsequent behavior of the fact, bearing in order to aggravate or mitigate the consequences of the crime
; from having, in cases of competition more 'people in the crime, promoted, organized or directed the
partnership or cooperation; from having acted, in crimes, despite the prediction event
; and, anyway, the intensity of intent or the degree of guilt.
Art. 89
evaluation criteria: personality of the perpetrator
In the use of the discretion the court must also take into account the personality of the perpetrator
deduced:
1) from having committed the crime during the time which he has escaped voluntarily
execution of a warrant sent for a precedent r ato; or, conversely, from having before
judgment fully compensated the damage; dall'essrsi spontaneously brought to justice; by spontaneous confession
and in any case, the conduct with emporanea or later the offense;
2) by the reasons to commit a crime, the previous life, from personal conditions as well as from the family and social
of the culprit.
Art. 90
Details of aggravating circumstances or mitigating
When the offender acted:
1) to commit another offense; for concealing a previous offense or destroying evidence;
to achieve or secure for himself or for others the product, profit, the price or other offense for reasons
vile or futile;
2) with abuse of authority, public or private office or to family relations or the quality
educator, teacher, employee, guest or cohabiting;
3) instigating or causing a minor to commit the offense of eighteen years has the capacity of
understand or want, or a person not punishable or suffering from partial infirmity of mind.
The court may apply a penalty of a higher grade.
When the offender has acted mainly for moral reasons or social value, the
court may apply a penalty of lower degree; The same happens when the provocation has been particularly severe
or if the confession was made voluntarily and usefully.
The punishment can be diminished by one degree for the lesser of eighteen years, having the capacity
of sound mind; for the person partially mentally ill, in the case provided for in the number three
, as well as for the competitor who has acted for the abuse referred to in number two efftto.
They are also special circumstances in those previst second book, which aggravate or mitigate the punishment of individual crimes
.
Art. 91

And Relapse 'repeat offender who was previously convicted of a crime. In such a case the judge can not apply the penalty in
minimum grade.
If recurrence is repeated and the new criminal offense of the same nature, the punishment may be increased by an
grade.
Art. 92
Competition circumstances
In all cases of sunny competition aggravating circumstances or mitigating circumstances sun
apply the increase or decrease planned for the occasion more 'serious respectively or more' | || tenuous; if the circumstances are of equal gravity or tenuous nature applies only increase or only decrease
.
In the competition between aggravating and mitigating circumstances, the court may, taking into account the personality of the perpetrator, and
entity of the fact, declare the aggravating and mitigating equivalent
or declare that the one or the other prevailing .
Art. 93
rules for the increases and reduction in punishment
When the law has increased the sentence of one or more 'degrees:
1) imprisonment of eighth grade has increased to qu and forty years;
2) the prohibition of fourth grade up to six years;
3) the third-degree arrest is increased up to three months and twenty days;
4) a fine of up to Lire tremilionicinquecentomila;
5) daily fine of up to third degree eighty days.
When will the reduction of one or more 'degrees:
1) the first-degree imprisonment decreased up to fifteen days;
2) the prohibition of First Instance has decreased up to three months;
3) the lire fine is reduced by up to one hundred fifty thousand lire.
The arrest and daily fine of First Instance not suffered decreases cone.
Art. 94
Conversion of the fine to ITL
The condemned for not ascertained insolvency hast paid all or part of the fine to ITL, atones
worth with imprisonment at the rate of one day for every ten thousand lire fine or part thereof

Sum, but not beyond the upper limit of the first degree.
He has a way to stop it replaced by paying the fine, minus the amount corresponding to the duration of
painful captivity.
The judge, having regard to the economic conditions of the convicted, allow
installment payment of the fine within five years or authorize it to provide part-time with their
work performance in favor of the Republic for the time that will determine .
Art. 95

When Ragguaglio between different punishments for all legal purposes you must run the ragguaglio between different species or between the penis and penis
security measures:
a day of captivity or custodial measure equivalent two days of arrest or ban and a fine of ten thousand lire
;
A stop day to a cutoff day and six thousand lire in fines;
A cutoff day six thousand lire fine.
Art. 96
Count arrest and preventive detention.
The arrest and imprisonment, suffered before the sentence has become final, considering
already been served as part of the sentence imposed.
The arrest and incarceration are not counted for the purposes of minimum measurement duration of
security subsequently applied.
The provisions of the preceding paragraphs and the last paragraph of Article 130 shall also apply
when the accused is acquitted of the crime for which he had been ordered the arrest, the imprisonment, the measure of
safety, and it must serve a sentence ou security measure for another offense committed
before the start of the detention status.
Art. 97
Pena and preventive detention or ban Tentative discounted ria abroad
In case of renewal of judgment in the Republic, the penalty obvious
abroad is computed taking into account the species of it; and if there has been preventive detention or temporary interdiction,
the provisions of the preceding article.
Art. 98

The Count of temporary penis penis to time shall be reckoned in days, months, years, and does not take into account the day of the beginning and
of fractions of a day.
Art. 99
atonement mode of captivity inflicted
The prison is paid for in the local prison.
The upper imprisonment of six months is affected in a prison of the Republic or of a foreign state
under international conventions.
Art. 100
Mandatory Referral atonement of captivity
The Atonement of captivity is deferred, if ar must place against a pregnant woman or who has recently given birth
less than six months, as long as the son is alive.
Art. 101
Referral optional
The court may postpone the expiation of prigiona:
1) if it has to take place against the person who is in a serious state of physical infirmity;
2) if it has to take place against woman who gave birth to more 'than six months but less than a year, and
there is no way of entrusting the child to another person.
Art. 102
Referral optional part of the Atonement of captivity
If in the course of the atonement of imprisonment of less than four years of exceptional circumstances occurring
gravity, which require the temporary presence of the offender in the nucleus || | familiar, that occurs in the case provided in the umber a previous article, the Captains Regent
postpone the expiation of the remaining prisoners.
This power can not be exercised more 'than once.
Art. Release on parole 103

The court may order the conditional release of the sentenced to imprisonment not less than two years
if these, during the time of expiation penalty, has behaved in such as to believe
confident his repentance and have scontat least twenty-five years of imprisonment
eighth grade and half of imprisonment lower grade.
If the convicted person when the event was at an age lower than twenty years and has served at least one year continued
prison, conditional release may be ordered when
were atoned for at least fifteen years of imprisonment eighth grade and a third of the imprisonment of
lower grade.
When the sentenced passed the seventies the conditional release may be granted
whether he has served at least twenty years of Earr in the eighth grade.
The granting of conditional release is also subject to the fulfillment of
bonds referred to in Article 140, except that the convict proves to be unable to fulfill such
.
The convict freed has always dealt with under Article 64. control system
Art. 104
Execution of the conditional release conditions

Once the time of the sentence imposed or ten years after the liberation, in the case of
eighth grade imprisonment without it being intervened due to revocation of parole, it is extinguished.
Art. 105
Revocation of conditional release
The conditional release shall be revoked if the person commits the crime liberated,
crime or offense of the same nature and can be s it violates the obligations regarding the control system
, but in this case the court may also extend up to three years the period of
that inflict daily fine of first Instance.
The time spent on parole shall not be included in the length of sentence and the convicted
can not be re-admitted to conditional release.
Art. 106
day release, license and prison visits
The court may grant the sentenced to imprisonment of not less than two years, which has served the
period required by Article 103 to be admitted to conditional release, to spend | || part of the day outside the prison to attend work or istrutttive activities.
The court may grant the sentenced known to be in those conditions one or more 'licenses
duration not exceeding three days, even cumulatively with the benefit of the preceding paragraph.
The semi-liberty and license is granted to the convict who has shown a willingness to participate
work of re-education, in relation to the progress made by him and the need to promote the gradual
reintegration into society. May be revoked at any time if the subject does not face
good use.
The court may also order special programming with Regulation taking into account the needs and biopsychic
emotional equilibrium worthy of your needs as well as sentenced organization
prison, the condemned receives the same unsupervised visits | special ||. Chapter III


THE COMPETITION OF PENALTIES Art. 107

Definition It has penis competition when they have to be performed against the same person more 'pains of
same or different species, imposed with one or more' judgments, as well as one of the penis | || in the process of atonement.
Art. 108
Competition of different species penis
The different species penis will all apply, unless it is subsequently disposed.
That principle also applies to the different species of interdiction.
Art. 109
arrest Competition and rebuke with imprisonment and competition disqualifications
The arrest and reproof are absorbed from the imprisonment with which concur and reproof is
absorbed by the arrest.
The ban absorbs the species identical with it competitor.
The arrest absorption does not take place if the ato sentenced to imprisonment
commits new crimes punishable by imprisonment, before it has fully assumed his imprisonment.
Art. 110
penis Competition of the same species
In the competition of prison sentences, interdiction of the same species, the arrest, the fine to
lire and in fine days, the judge, to the effects of aggregation , taken as a basis is worth more 'serious
inflicted and suitably increases, taking into account the number and importance of the individual punishments
competitors to an extent greater than the maximum grade.
If the base penalty is imposed in most, the limit is the maximum of the higher grade.
Art. 111
Competition penalties in implementing act
If while serving the imprisonment, arrest the offender must serve interdiction
new penalties of the same species, for offenses committed after the beginning of ' expiation,
not taken into account, for the selection process of the article above, the part of executed sentence
to the consummation date of the last offense.
If the offender must serve the imprisonment or arrest during the interdiction running, this
remains suspended until the completion of those.

Chapter IV EXTINCTION OF PUNISHMENT
Art. 112

Cause estintive extinguished it the following causes:
1) the death of the offender;
2) the amnesty intervened after the sentenced to judgment;
3) the pardon;
4) the grace;
5) the prescription;
6) the fulfillment of the conditions of the conditional release.
Art. 113

And Remission and grace 'exclusive prerogative of the Great and General Council to grant a pardon or grace.
The pardon condone the sentence imposed in whole or in part or switches to another of a different species.
The condone pardon or commutes the sentence imposed on the individual offender.
During most 'penis, the pardon applies only once to that resulting from the application of Articles 107 and following
.

All'indulto apply the provisions of the second, third and fourth paragraphs of Article 53.
Art. 114 Prescription

It prescribes:
in thirty years imprisonment not less than twenty years;
In twenty years imprisonment of not less than ten years;
In ten years imprisonment not less than five years and disqualification;
Five years imprisonment of less than five years and any other penalty.
Art. 115

The Statute of limitations period starts from the day when the sentence has become final or from the day when the convicted
he withdrew voluntarily execution of the sentence already begun.
If the sentence is subject to scadenz of a term or upon the occurrence of a condition
, the time required for the extinction of the sentence shall run from the day when the term expires or the condition
it is verified.
Art. 116
no mention of condemnation in the certificate of bo rio
The judge, when imposing the penalties of imprisonment up to three years, interdiction, arrest, the
fine in lire, the daily fine and reproof, may order, having regard to
circumstances mentioned in articles 88 and 89, in order to facilitate the social rehabilitation of the offender, that is not
mentioned in the certificate of conviction from the judicial record, issued at the request
private, for any reason other than that of the electoral law.
The benefit above to minors of twenty years may be granted by the judge when the
sentence does not exceed five years.
The no mention of the sentence can not be granted to dangerous people.
Art. 117

Rehabilitation Rehabilitation extinguishes any criminal effect of the sentence and puts the citizen in the same condition
moral estimation and calendar year in which it was before the
final judgment.
In cases of multiple convictions rehabilitation is spoken by all.
Art. 118
Rehabilitation measures for the
Judge Judge ruling rehabilitation verdict when the following conditions:
1) have lapsed eight years by the Atonement of the sentence, the execution of the security measure or || | on settlement, when with some of sentenced and for which it asks the rehabilitation is
imprisonment was imposed for a period not less than three years;
2) that five years have passed by the Atonement of p na, from the execution of the security measure
or their extinction, when sentence was imposed other than that stated in the previous number
;
3) it has elapsed three years of punishment or atonement by its extinction when it was imposed
penalty for contraventions sun;
4) the sentenced person has fulfilled the obligations set out in Article 140, unless it proves that
not have been able to perform them;
5) whether it is the person who, at the time when the previous numbers one, two and three, gave
effective and consistent evidence of good conduct, such a finding of its full rehabilitation to vit | social ||.
Art.
119 Rehabilitation of the Great and General Council Decree
The Great and General Council may pronounce rehabilitation outside of the time limits
indicated in numbers one and two of the previous article, and also in conjunction with the provision
grace.
Art. 120
penis Extinction in the case of competition
In penis competition, the extinction of one of them has no effect for other penalties. In the more '
prison sentences are executed non-extinct, but in any case will be deducted from their pile the
time served prior to the cause of extinction. Chapter V


SAFETY MEASURES Art. 121

species are security measures sentences:
1) the judicial psychiatric hospital;
2) the nursing home;
3) the rehabilitation of the house;
4) the workhouse or agricultural colony.
They are a security measure:
1) oversight of dangerous people;
2) the expulsion of foreigners.
Art. 122
Psychiatric Judicial Hospital
The forensic hospital is of special security measures for dangerous persons, minors or
of legal age, declared not attributable to mental infirmity.
Art. 123
Nursing Home
The nursing home has special security measures for dangerous persons, major or minor age,
declared partially infirm of mind.
The court may replace the surveillance to the nursing home if the offense committed is minor.
Art. 124
Home
The reeducation rehabilitation home has special security measures for minors under eighteen years dangerous,

Attributable or not attributable to causes other than infirmity of mind.
When the measure should be wholly or partly performed after the child has completed his twenty-one years
, the court may substitute supervision.
Art. 125
Working House and agricultural colony
The workhouse or agricultural colony apply the usual misfattori, craft or constitutional
.
The court may apply the workhouse or agricultural colony or monitoring referred to in Article
next to other dangerous persons.
Art. 126
Supervision of dangerous people
The judge prescribes the means of supervision and imposes special obligations, in order to avoid the dangerous person
opportunities for new offenses and to facilitate their rehabilitation in society.
The supervision is entrusted to the police authorities assisted by the work of educators and social workers.
The condemned inmate and are supervised during the license period or postponement of the execution
, granted under the foregoing Articles 102 and 106 as well as the subsequent
Articles 128 and 132. || | Art. 127

Expulsion Expulsion from the territory of the Republic to replace the stranger security measures
anticipated in Article 121, numbers three and four of the first paragraph and the second number one
paragraph.
When would apply g udiziario the psychiatric hospital and the nursing home the stranger is
handed authority of the foreign state.
Art. 128
Execution of prison security measures
The prison security measures are carried out in the establishments of the Republic or in those of State Foreign
under international conventions.
If during the execution of a custodial security measure occur exceptional circumstances
gravity, which necessitate the temporary presence of ll'internato in the household, or you
occurs in the case provided in the number one Article 101, the Captains Regent may differ
once the execution of the remaining measure.
Art. 129

Application of security measures The security measures are applied by the court with the conviction or acquittal.
Art. 130
Provisional application of security measures
The judge, if there is sufficient evidence of guilt n regarding the fact defendant, can be ordered prior to a final judgment
provisional application of the judicial psychiatric hospital or home | || nursing.
If the danger ceases or is excluded during the proceedings, the measure is revoked.
The provisional execution time is computed to the effects of the minimum duration of the measure Safety
and subtract from prison and stop penalties imposed on the culprit that has been recognized
not dangerous.
Art. 131

The minimum duration forensic hospital, the re-education house, the workhouse and farming colony,
have a minimum duration of one year; the nursing home and supervision have a minimum duration of six months
.
The minimum duration of the security measures applied to dangerous persons, larger or smaller
age, however, not attributable, acquitted of crimes punishable by imprisonment of not less than one quarter
grade, is three years.
The calculation of the measures is carried out according to Article 98.
Art. 132
hazard Review
be operative the minimum duration established for each security measure the court decides whether it should continue or
less in relation to the continuing danger, shall determine the duration and they can commute
the species.
When satisfied that the danger is over, the court shall order the withdrawal of the measure.
In the four months immediately preceding the deadline for the review, or in the two months prior to the expiry of the minimum
fixed duration for the nursing home, the court may grant the
person subject to custodial measure one or more 'experiment licenses, and establish the conditions.
Art. 133
Effects of extinction of the crime and punishment
The extinction of the offense and the sentence prevents the application or implementation of security measures
prison, but to them vigilance is replaced.
Art. 134
Competition of security measures
If contribute towards the same person more 'safety measures, the court shall apply
measure more' suitable believes.
If during the execution of a measure, the dangerous person must be applied to crimes or offenses committed after the beginning
execution, ua new measurement of the same or different
species, duration minimum of this is done from the consummation date of the last fact or
offense.
Chapter VI

THE COMPETITION BETWEEN THE PENALTIES AND SECURITY MEASURES
Art. 135

Applicability of provisions The provisions of this chapter shall be subject to penalties and that the safety measures in implementing act
.
They operate on the penis and on the security measures as are respectively
by the application of the rules on competition of each competition on the other.
Art. 136
Competition measures disqualification and a fine
The security measures are run together with the interdiction penalties, a fine of at
lire and in fine days with whom will compete.
Art. 137
Competition of the measures with the imprisonment and the arrest
When concur imprisonment and a prison security measure the judge, as the case
and taking into account the personality of the offender, may order the joint application
the measure of punishment and that is the only measure.
In the prison security measure it has absorbed a term of imprisonment.
The prison security measures are subsequently run to the competitor prison sentence.
The supervision and expulsion are subsequently run to the arrest and imprisonment penalties
competitors.
Art. 138
penis Competition with safety measures in implementing act
The execution of prison security measures will be suspended if the dangerous person reports
sentence of imprisonment; unless other measures of the court referred to in the previous article.
After his sentence or this is otherwise settled, the security measure starts from
minimum.
The watch execution shall be suspended if the dangerous person is serving the arrest or imprisonment and
resumed its course after serving the sentence.
Art. 139
infirmity of mind during the execution
If, before the execution of imprisonment or a different prison security measure from the psychiatric judicial
or nursing home, or while performing , the person is suffering from mental illness
incompatible with his stay in prisons or preventive institutions, the court shall order
hospitalization in a prison psychiatric hospital or in a nursing home.
The judge may also order that the sick person if sentenced to imprisonment not exceeding three years and
not it be dangerous person, is recovering in a common psychiatric hospital.
The period of hospitalization it is considered as execution of the sentence and the measurement and computes the
minimum duration effects, what to measure.
The provision of shelter is lifted when no longer fulfills the reasons which
determined, but whether the discharge from the psychiatric hospital or nursing home
coincides with the end of the minimum term, you place the review provided for in Article 132. TITLE VI

BONDS CIVIL AND OTHER EFFECTS OF tHE CRIME
Art. 140 species of

The bonds sentenced responds with its assets, present and future of the following obligations:
1) reimbursement to the Institute for Social Security of the costs incurred during the infirmities as nursing
and foods in favor of the victim;
2) damages, physical and moral, economic or other, and restitution of property of which he has taken possession
or appropriate;
3) recovery to the injured party of court costs and legal assistance;
4) payment to defense counsel expenses anticipates ee of the sums due by way of
honorary;
5) payment of the costs.
Art. 141
Publication of the sentence
The culprit is also obliged to have it published at his own expense and at the request of part of a newspaper
San Marino and of a foreign state newspaper, distributed in the Republic and in the territory
finitime regions, the sentence, if a publication is a means to repair
moral damage caused by the offense.
Art. 142
Idivisibilità and solidarity of
obligations The obligation of refunds and the publication is indivisible.
The competitors in the same offense are jointly and severally liable to pay compensation for damage caused.
Art. 143
Extinction of Obligations
The extinction of the punishment does not extinguish the obligations referred to in Article 140.
The extinction of the crime extinguished the only bonds referred to number five with Article 140. || | Art. Privilege 144

The credits listed in Article 140 are in the same order general privilege, securities and real estate
, over any other claim, even those anticipated in article 17 of the law mortgage
March 16
1854. the credit for the daily fine is equal privilego and takes order before that for the
proceedings.
Art. 145

Advance sign and seizure
If there is justifiable reason to fear that in the process the debtor's assets from being dispersed, the
judge, at the request of the Chamber, the Prosecutor of the Treasury or the civil party, may order
Early registration of privilege in the mortgage office records, how to real estate, and the
seizure, as to movable property, for a sum allegedly corresponds to that which will be liquidated for credit
.
In this case it takes the privilege of the date of registration or seizure.
The accused can always offer an adequate security n Replacement of registration or of the seizure.
Art. 146
Extension to the responsible civil
Of the bonds referred to the numbers one, two and three of Article 140 also responds to the responsible civil
, according to law, with its assets and with the guarantees and precautions above provided.
Art. 147

Confiscation Al crime follows the confiscation of things, the property of the culprit, served or were destined to commit
and the things that are the price, product or profit.
The seizure also follows, regardless of the sentence, the manufacture, use, port
possession, sale or trade, constitutes an offense, of things not even the agent properties.
Things confiscated shall revert to the Treasury or, if necessary, destroyed.
Art. 148
Extinction of the crime and punishment and criminal effects
The extinction of the offense excludes any criminal effect, except as provided in the second paragraph of the previous article
.
The extinction of the punishment not extinguish the criminal effects and convicted, is taken into account
for the declaration of habitual misfattore or craft, for recurrence in Article 91 as well as for any other effect
.
The amnesty intervened after conviction extinguishes any criminal effect, unless otherwise provided
clemency measure. TITLE VII


EXPLANATION OF LEGAL TERMS Art. 149
"Publicly", "corporate communications", "arms", "public order", "prostitution", "narcotic substances
", "public official", "public document", "public seal" || | for the purposes of the criminal law the offense shall be counted publicly when the crime is committed in a public place
, opened or exposed to the public or making use of the social communications
.
To the same effect means:
1) for corporate communications, reproduction or representation of thought, information,
actions or things if made for purposes of public communication or distribution, by | || print, recordings on tape or disk, radio, television, radio, public
shows or entertainments, films or other means of this kind;
2) to own weapons, firearms and any blunt instruments, wound or stabbing, built
specifically to offend the person, while offensive weapons are the tools built for other purposes
when they are equally liable to offend the p rsona and employees to that effect;
3) for public order, coexistence, even dialectic between citizens, which takes place without violence or
current threat and in compliance with laws and democratic institutions;
4) for prostitution, the trading of its corp-profit;
5) for drugs, those entered in a special list of authority;
6) for public officials, all those who, fearing or temporarily remains, for free or
salary, performing functions of decision, representation, empire, certification or any other public function
, in service of the Republic or of a public body;
7) for public document, any document drawn up, in the exercise of its functions by a public official
or by another public employee that he does not hold that capacity, as well as the authentic
copies of it;
8) for the public seal, any instrument to public certification or authentication
by cash.
BOOK TWO SPECIAL PART



TITLE I CRIMES AGAINST THE PERSON

Chapter I CRIMES AGAINST LIFE AND SAFETY, 'PERSONAL MISDEEDS

Art. 150

Murder Murder is punishable by imprisonment of seventh grade and fourth-degree disqualification from public offices and political rights
.
Applies imprisonment of eighth grade and fourth-degree disqualification from public offices, from political rights
, profession and art, if the crime is committed:
1) in the person of ' ascending and descending, although natural; adoptive parent or adopted child;
2) with premeditation;
3) with torture or cruel means;
4) by poisoning or other insidious means.

Applies captivity in the fourth degree in the case of the victim's consent.
Art. 151
Incitement or assisted suicide
Incitement to suicide and assisting, if death occurs, shall be punished with imprisonment and
the fourth degree disqualification.
If the suicide attempt comes a serious personal injury is the imprisonment of the third degree.
If the deceased was instigated person under age or unable to understand or want apply
murder provisions.
Art. 152
Infanticide for honorable reason or pity
The mother who for reason of honor causes the death of the newborn immediately after birth
or the fetus during childbirth, is punished with imprisonment of third degree.
The same penalty applies to the parent who pity causes the death of the monstrous infant,
immediately after learning that the monstrosity is incurable.
Who competes in the misdeed for-profit he shall be punished by imprisonment in the fourth degree; if the shared
exercising a health profession is appl ca also its fourth
degree disqualification.
Art. Abortion 153

The pregnant woman who procures an abortion and anyone who contributes will be punished with imprisonment of
second degree.
The same punishment the person who procures an abortion to senior woman of twenty-one years
with the free and informed consent of her.
Applies imprisonment of third degree:
1) if the offense is committed without the consent of the woman;
2) if the offender is a profession of illicit practices or acts for profit;
3) if in consequence of abortion the pregnant woman dies or suffers a serious injury.
Applies imprisonment third joint degree interdiction in the fourth degree, if the offender
exercise a health care profession.
Art. 154
Abortion for honorable reason
The pregnant woman by reason of honor causes abortion or allows you shall be punished with imprisonment of First Instance
.
Everyone who competes in the misdeed for-profit shall be punished with imprisonment of the second degree. If the shared
exercising a health profession is appl ca also its fourth
degree disqualification.
Art. 155

Anyone who causes bodily harm to others a disease of the body or mind is punishable by imprisonment of not more than the second degree
.
When the offender has used a weapon, a means for offending or another means
insidious, poisonous or corrosive, applies imprisonment not exceeding the third degree.
If the injury is healed within ten days there shall be one offended lawsuit.
Art. 156
Events aggravators
When the lesion is derived event as abortion, life-threatening disease healed more than sixty days or
incurable, permanent disfigurement of the face, loss or substantial weakening of a sense
, of an organ or its operability or p rdita the ability to procreate, they apply
imprisonment and third-degree disqualification.
Art. Beatings 157

The simple blow is punished, in dell'offes lawsuit, with the first degree imprisonment or a fine of at
day of the second degree.
Art. 158
injuries or beatings followed by
If death from injuries from beatings or derives the event of death, shall apply imprisonment and disqualification of fourth degree
.
Art. 159

About Duel challenge to a duel, although the challenge is not accepted, the bearers of challenge and those who accept it, are punished
with first-degree imprisonment.
If the collision takes place, the duelists, carriers of defiance, godparents or seconds and anyone else hast
facilitated the duel, they shall be punished by imprisonment of second degree.
In the case of the common provisions shall apply injury or death.
Art. 160
Abandonment of people unable
Anyone who abandons a person who has the care, unable to fend for itself by age,
physical or mental condition, shall be punished with imprisonment for second degree and with the '
fourth degree disqualification from public offices aforesaid.
The imprisonment is the third degree if the act results in any of the events specified in Article 156 and of the fourth degree if
comes death.
Art. 161
Abandonment of infants by reason of honor
Anyone for honorable reason abandons an infant immediately after birth, he shall be punished by
first-degree imprisonment. If the act results in a personal injury applies imprisonment of first degree
.
If the act results in a personal injury applies the imprisonment of the second degree; if death comes,
imprisonment third degree.
Art. 162
Wrongful
Anyone omits, delays or refuses to give assistance as needed to a person who by age, physical condition or mental
verses in a state of danger, shall be punished with imprisonment for second degree .

If the act results in a personal injury applies imprisonment third degree.

CRIMES Art. Manslaughter 163

The crime of murder is punishable by imprisonment disecondo degree.
In the event of gross negligence for failure to observe the traffic regulations on the prevention
injury or serious violation of obligations inherent to the profession exercised, applies
jointly the third-degree disqualification from bilitazioni, authorizations or governmental licenses.
Art. 164
injury culpable
The crime of injury shall be punished with imprisonment of First Instance or with imprisonment or with a fine by
day of the second degree.
We proceed upon complaint of the injured if the lesion is healed within thirty days.
And 'applicable to the particular circumstances of aggravation in the second paragraph of the previous article
.

FINES Art. 165
Administration to less harmful substances or dangerous
It 'punished with a daily fine or imprisonment or disqualification from the market of second degree
anyone, being offered at a public exercise , administers, is administered or otherwise
offers of minors under sixteen, medicines, drugs, drinks superalcooliche
or other substances, for their quality or quantity or for a use not in conformity with the requirements, || | be of harm or danger to health.
Art. 166
Failure to Report of people bisognevoli care
It 'punished with a fine of second-degree daily anyone, outside of the hypothesis provided for in Article
162, fails to give immediate notice to the authority of a person in state of danger to
age, physical or mental condition.

Chapter II CRIMES AGAINST FREEDOM 'PERSONAL MISDEEDS

Art. 167
reduction in slavery '
Anyone who reduces a person to slavery' that I keep it, shall be punished with imprisonment of
fifth grade and with the fourth degree disqualification.
Art. 168
Trafficking in slaves
Everyone who is or is otherwise slave trade shall be punished by imprisonment of six
degree and with the fourth degree disqualification.
Art. 169
Kidnapping
Whoever subtracts, believes or otherwise deprived of liberty a person, he shall be punished with imprisonment of
second degree.
If the offender before they have achieved the intent spontaneously puts the person at liberty or
in a safe place, apply the first-degree imprisonment.
Art. 170
citizen delivery to foreign country
Anyone who, through violence, threats, deception or kidnapping, give or
fall into the hands of a foreign state government a Sammarinese wanted for any reason, shall be punished with
prison third degree and fourth degree interdiction.
Art. 171
violation of sexual freedom
Whoever, using violence, threats, suggestion ipotica or waking or making use of other
suitable means, compels or induces a person by fraud for libidinous acts, shall be punished with
prison third degree.
If the offense is committed by, adopter, guardian, educator, teacher, from health
or who has the custody of a child for supervisory reasons, education, education
or care, shall remain applicable in the interdiction of the fourth degree by parental authority, protection,
by the profession or art.
Art. 172
Aggravating circumstance
Anyone in the circumstances foreseen by the preceding commits sexual intercourse is
punished with imprisonment increased by one degree.
Art. 173
Acts lust of minors or consenting incapable
Subject to the penalties established in the two articles Prev nti any person engaging in the acts therein without
force, threats or deception, against a minor of fourteen years, or in person that for
physical or mental condition will not be able to resist him.
The culprit can not claim to own the excuse za ignores the minor age of the victim.
Art. 174
Acts of unlawful lust
Whoever, apart from the cases punishable under articles 171, 172 and 173, performs acts of lust of person
in hospital, hospice, college, home rie ucazione or who is under arrest or detention
, on which he has authority, or of the person entrusted to him for work reasons, is
punished with first-degree imprisonment and fourth-degree disqualification from public office,
from the profession or art.
Art. Seduction 175

Anyone who joins carnally with a woman less than twenty-one years, causing it to
error on their state of married person and pr mass marriage, shall be punished with imprisonment not exceeding
second grade.
Art. 176

Kidnapping for the purpose of lust or marriage
If the offense provided for in Article 169 is committed to the end of lust or marriage, the offender is punished with imprisonment
third degree.
Art. 177
Corruption of minors
Anyone excites a child under eighteen years of age to sexual corruption, abuse of alcohol or
drugs or gambling, is punished, if the act is not an
otherwise by a statutory provision, with the imprisonment of the second degree.
Art. 178
Law Lawsuit
For the admissibility of scheduled offenses under Articles 171, 172, 173, 175, 176, and 177 is required
one offended lawsuit.
The remission is effective if done before the final disputes under the
Criminal Procedure Code or, in summary proceedings before the delivery of the first instance judgment
.
It produces automatic if the offense is committed by, the guardian or the adopter or by
person who is in the care or custody the victim.
It also automatic if the crime is committed in conjunction with the crime prosecutable ex officio.
Art. 179
private
Violence Anyone with violence or threats compels others to do, tolerate or omit something, he shall be punished with imprisonment
second degree.
It applies the same penalty even when operated Siasi hypnotic suggestion or wakefulness, or you are
administered alcoholic or drugs.
Art. 180
inability State procured through violence
Anyone, through hypnotic suggestion or waking, administration of substances, submission
to special treatments or by any other means, places a person, without the free and informed || | consent of her, in a state of incapacity of discernment, shall be punished with imprisonment for first degree
.
Art. 181

Threat The threat of causing unjust damage to others is punished, in one offended lawsuit, with daily fine second-degree
or reproof.
If the act is committed with a weapon is prosecuted and applies the first-degree imprisonment or
the arrest of the third degree.
Art. 182

Violation of domicile Anyone who introduces or keeps in another's home or in another private house or
individual exercise of activity and its membership prohibitive against the will of those who have the right
to exclude him or will you introduce or tratiene illegally, it shall be punished, upon complaint of the same
, with first-degree imprisonment.
If the offense is committed with violence or if the offender is clearly armed, are prosecuted and the
captivity has increased by one degree.

Chapter III CRIMES AGAINST HONOR MISDEEDS
Art. 183 Defamation

Anyone in a public meeting or communicating with more 'people attaches to anybody, present or
absent, a fact determined, that offend the honor, is punished, in one offended lawsuit with the arrest or
daily fine second degree.
Art. 184

Insult Anyone in a public meeting or communicating with more 'eople offends the honor of a person,
present or absent, shall be punished, in one offended lawsuit, by imprisonment or a fine of
days of first Instance or with the rebuke.
If the injury is committed to the mere presence of prsona offense, apply the daily fine
First Instance or reproof.
In the presence shall be treated the correspondence, telegraph, telephone and cash equivalents.
Art. 185
famous libel
If the offense referred to in Article 183 is committed using, even abroad, communications social
, one always proceeds in one offended lawsuit p and na is the imprisonment of first Instance or the
fine in lire, or the arrest of the second degree or third-degree daily fine.
Art. 186
No punishment for retaliation or provocation When ffese are reciprocal and unique
committed in the context of action, the court may declare exempt from punishment either guilty or only one of them
.
It is not punishable if committed the act detrimental to the honor as a reaction to an unjust
provocation, as long as they follow immediately after, ovver making use of social communications
in retaliation to an offense done him by the same means.
Art. 187
No punishment for the offenses contained in registered or presented in speeches before the Great and General Council

They are exempt from penalty as well as from any civil or administrative sanction for the offenses contained in the writings
presented or speeches by the Great and general Council members when
Council and concerning topics of general interest in debate or by placing the order of the day
.
Art. 188

Not criminality of the offenses contained in the writings or speeches presented before the judges
of
Republic are exempt from penalty for the offenses contained in the writings or speeches presented by the parties or by their sponsoring in
legal proceedings, as long as relevant to the object of the cause.
E 'in the judge's authority to order the removal of the writings or deletion of sentences, when
offensive statements exceed the limits of defense.
The application of the injured can be assigned a financial penalty Ripar by order of the same
proceedings.
Art. 189
Try release
In cases of defamation punishable under articles 183 and 185 of the offender is allowed to give evidence
the truth about the facts attributed offended if:
1) if the person offended him conclusively;
2) if the defamatory facts is a criminal proceeding;
3) whether the establishment of the facts is in the public interest in quality coated dall'offeso or for other reasons
.
If the truth of the fact is proved for it or if the victim is later convicted, the author
defamation go free from punishment.

Chapter IV CRIMES AGAINST INVIOLABILITY 'OF SECRETS MISDEEDS
Art. 190
matching Revelation
Anyone without the right to fraudulently take cognition of the object of a
correspondence, reveals it or prevents the drive train by means of diversion, disruption or
any other way, it shall be punished with the arrest of the second degree.
Apply the first-degree imprisonment and a fine of second-degree daily, if the offender has
suppressed or stolen correspondence; He has profited for themselves or for others from cognition or
revelation of it; as well as the case where the offender is involved in the operation of the postal, telegraph
, telephones or any other public service to match.
Art. 191
Revelation of the secret documents contained
Anyone out the hypothesis envisaged by the preceding article, having come illegally to
aware of the content of acts or public or private documents to remain secret, reveals | || that employs him in his own or another's benefit, shall be punished with imprisonment of first Instance and the
daily fine second degree.
Art. 192
Revelation of professional secrecy or professional or scientific or industrial secrets
Anyone who without just cause reveals a secret he knows he learned for reasons of their own
state, office, profession, art or industry , it ag flies in any way knowledge itself or
takes to profit themselves or others, shall be punished with first-degree imprisonment and disqualification of second degree
office, profession or art.
There shall be one offended lawsuit.

CRIMES Art. 193
Facilitation culpable knowledge of secrets
Anyone, being bound to secrecy referred to in Article 192, facilitates fault knowledge, he shall be punished
, in one offended lawsuit with reproof.

Chapter V CRIMES AGAINST PROPERTY MISDEEDS

Art. 194
Theft Who takes possession of movable things or other people dell'enrgia without the consent of the one who holds
, for profit, shall be punished with imprisonment of First Instance and the daily fine
second grade.
If the theft is committed for needs of the small things of value or by illegally grazing
an animal on someone else's land, applies the arrest or daily fine of First Instance and there shall
lawsuit of 'offended.
The offender shall be punished with imprisonment and second-degree daily fine of the third degree if he committed theft
:
1) by means of trespassing;
2) with violence against property, with tearing, dexterity or by fraudulent means;
3) of things exposed to the public trust or custody in churches or cemeteries or upon things of significant value
;
4) in complicity with others, being competitors in a number not less than three.
Art. 195 Robbery

When the seizure of the thing of others is committed with personal violence or with threat, although
put in place immediately after the fact to keep possession of the thing or
procuring ' impunity, the offender shall be punished by imprisonment and a fine of days as well as with third-degree
fourth degree disqualification from public offices and political rights.
If the act is committed by at least three persons and kidnapping, imprisonment
has increased by one degree.
Art. 196

Extortion Whoever, by violence or threats, forcing someone to do, tolerate or omit some
thing, procures for himself or others an unjust profit, shall be punished with imprisonment and daily fine third

Grade as well as the fourth degree interdiction from public offices and political rights.
If the act is committed by not less than three persons or with kidnapping to achieve
profit as the price of freedom, imprisonment has increased by one degree.
Art. 197
Embezzlement.
Anyone wrongfully takes over the other's movable object, which has possession of any kind, is
punished, on the one offended lawsuit, with imprisonment and a fine of second-degree daily.
It applies the first-degree imprisonment or second degree daily fine if the appropriation has
object things of small value or other lost or treasure constituents or things of which the agent
it obtained in error, unforeseeable circumstances or force majeure.
It is automatic if the act is committed by an administrator, tax collector, guardian, curator or
by anyone lends his work to others and apply the second-degree imprisonment, a fine of
days third-degree and fourth-degree disqualification from office of guardian or curator,
by the profession or art.
Art. 198
I
Administration unfaithful guardians, curators, administrators, directors, liquidators of a company and any other director of private assets
, which, in those cases envisaged by the preceding article, to procure to himself oad
others an advantage, carry out acts that are of damage to assets under management, are punished with imprisonment
second degree or daily fine of the third degree.
Art. 199

Receiving Whoever, apart from cases of complicity in the crime, in order to profit buys or receives, steps in to do
buy or receive things from the offense or receiving things from persons or
company that knows how to be in a state of insolvency or buy a remarkably low price, if
is opened the bankruptcy proceedings of the creditors, shall be punished with imprisonment and daily fine
second degree as well as disqualification third degree from public offices and political rights.
Art. 200
Usurpation of property
Anyone removing or altering the terms or using fraud in measurements makes her an asset
others' property, shall be punished by imprisonment and a fine of second-degree daily.
The same punishment shall be punished those who deviate public or private waters to procure for himself or others an unjust profit
.
Art. 201
Disruption possession
Anyone with violence or threat to the person disturbs the other's holding of immovable property shall be punished, in
lawsuit one offended, by imprisonment or a fine in days of third grade .
If the disruption is accomplished by means of occupation of companies by people outside the corporate organization
, apply the first-degree imprisonment and third-degree daily fine.
The penalties are increased by one degree and is automatic if the occupation:
1) occurs with violence or threats;
2) relates to the seat of an office of the Public Administration.
There is punishable employment accomplished by belonging to the company for trade union purposes.
Art. 202
Usurpation of intangibles
Anyone, through publication, use under his own name or in any other form,
usurps the authorship of scientific work, literary or artistic as well as an invention,
application or other people ornamental pattern or, without the consent of, the inventor or
who has the right to dispose of them, reproduces, disseminates or uses in whole or in part, he shall be punished with imprisonment and
daily fine of the second degree.
Art. 203

Damage Whoever destroys, disperses or damage in any way the thing of others that introduces animals
in others fund or you abandon them, shall be punished, in one offended lawsuit, with first-degree imprisonment or
with lamulta to second-degree daily.
Applies's imprisonment according to the second degree or a fine of pounds and shall proceed, if the offense is committed
of buildings or public property or for public use, for worship or cemetery or at
systems of public services or irrigation or nurseries for reforestation.
Art. 204

Anyone fraud, deceiving others by means of deception or contrivance, procures an undue profit, he shall be punished by imprisonment
second degree as well as the daily fine or prohibition of the second degree.
The penalties referred to in the previous paragraph are applicable ven those who, abusing the rule of infirmity or mental deficiency or
of minor age of a person, makes them perform acts detrimental to it or
for others.
These penalties are increased by one degree:
1) if the offense is committed against the Republic or public bodies;
2) if the offense is committed to collect the price of an insurance or to induce someone to

Out an insurance policy;
3) if the offense is committed bragging credit from a public official or a power of
Republic;
4) if the offense is committed in order to obtain victory in competitive sports or other public events
or in its authorized bets.
If the fact mentioned in the first paragraph is committed by concealing one's state of insolvency, the offender is punished
, in one offended lawsuit, with imprisonment or with a fine by days of First Instance.
If claiming under the previous arrangement mpimento to the obligation on the part of the offender
before the adoption of the first instance ruling, it extinguishes the offense.
Art. 205
Abuse in white sheet signed
A public official who fills a public act, signed in white and in his care,
difformemente entitled for whom the act was in his possession or fills a authentic instrument in white
which has otherwise possess, shall be punished with imprisonment, daily fine
and the third-degree disqualification.
The penalty is a first-degree imprisonment or second degree daily fine for anyone
fills a private act signed blank, in order to procure an advantage for himself or for others or to cause a
harm to others, if any, used or allows others who use it.
Art. 206
Issue of bad checks
Anyone who issues a check without having had the institute drawee authorization
ie without at this there is an adequate supply, shall be punished with imprisonment of the first | || rank or a fine in lire or daily fine of the second degree.
The same punishment those who, after the issuance of the check and before the last date of submission
has otherwise all or part of the sum deposited or anticipation credit
.
Art. 207

Wear Whoever, taking advantage of the state of need of a person, you give or promise, in return
of asset performance, interest or altrivantaggi highly disproportionate or you
intrudes to give or promise the interest or the above benefits, it shall be punished with imprisonment and
daily fine second degree.
The fine is increased by one degree if the offender is a usurer.
Art. 208

Anyone fraud in the execution of contracts, being bound by a contract, deceives thers in fulfilling it or eludes
fraudulently procured thus an undue profit, it shall be punished, upon complaint of 'offended
with the first-degree imprisonment and a fine of a second-degree daily.
It is automatic if the offense is committed in the exercise of a commercial activity.
Art. 209
Fraud in the execution or in the kidnapping
A debtor who, to evade or reduce the security for money creditors, distracts or hidden in any way
its assets, is punished, if the seizing or attaching no
can take place or takes place only for part of the debt, with the first-degree imprisonment and daily fine of
second degree.
The offense is extinguished if the offender, before it is pronounced judgment at first instance, fulfills his obligations
.
Art. 210
Distraction of seized or confiscated objects
The whom enforcement or the person subject to caution that alien, removes, conceals, removes,
destroys, damages or renders useless the things you Reliable + to his custody and which are
subject of seizure, attachment, lien or which are listed in an inventory of the procedure for
disposal of assets and the rights of creditors, shall be punished with imprisonment and disqualification from public second degree
offices.
The same penalty applies if the act is committed by the third keeper in competition with the debtor
whom enforcement or with the person subject to caution.
Art. 211

Bankruptcy The debtor that caused their insolvency or aggravated by overspending
himself or for the family, with speculation or reckless operations or gimmicks aimed at delaying || | collapse, is punished, if the competition is open to creditors procedure, with imprisonment and disqualification from second degree
trade.
Art. 212

The Bankruptcy fraudulent debtor, in order to avoid or reduce the guarantee to creditors, distracts or conceals his
goods until the moment of their delivery to the court bodies or exposes or recognizes
liabilities nonexistent or otherwise diminishes fictitiously active, it shall be punished, whether the procedure is open
bankruptcy creditors, with the captivity of the third degree and fourth-degree disqualification from public offices
, political rights and by trade.
The same penalties also apply in case of alienation, dissipation, destruction, damage,

Devaluation of goods, carried out for the same purpose, since the time of their delivery to the organs
court.
Art. 213

The preferential Bankruptcy debtor, to encourage out any of the creditors, making payments that are prejudicial to other body
that simulates pre-emptive bonds, is punished, if the bankruptcy creditors is open, with
imprisonment and disqualification from second-degree business.
Art. 214
Failure, irregular, false or retain the accounting records
A contractor who fails to keep or maintain, in whole or in part, accounting
prescribed by law for their company or the holding irregularly, it shall be punished, whether the procedure is open
bankruptcy creditors, with the arrest and disqualification from second-degree business.
Apply imprisonment third-degree and fourth-degree disqualification from the market, if the offense is committed
to prevent the total or partial reconstruction of the balance sheet or the movement
business, and even if the same purpose and outside the cases provided for in the first paragraph of Article 212
, the entrepreneur forges, alters or destroys the scriptures that affixes on them false
claims.
Art. 215
voting Market
A creditor who, in their own or another's benefit, receives benefits or accepts a promise to give her
vote in favor of the insolvent debtor agreed in the front or rear opening of | || competition, shall be punished with imprisonment of first Instance.
The same punishment the debtor or others who gave or promised benefits.
Art. 216
Liability of directors, managers, officers, directors, auditors, liquidators of companies and heirs of the debtor

The directors, officers, directors, auditors and liquidators of companies, as well as the heirs and proxies
the debtor or the company, which have committed the facts anybody expected in articles
211, 212, 213 and 214, shall be punished with the penalties provided therein, respectively.
Art. 217

Cases of non-punishment is not punishable if committed theft, if not aggravated as per the numbers one and two of the third paragraph of Article 194
, or embezzlement, if not worsened under
third paragraph of Article 197, or the crimes under articles 199, 200 and 202, to the detriment:
1) of an ascendant, a descendant or similar in a straight line, adoptive parent or adoptee ;
2) the spouse, brother, sister, the aff ni in the same degree, uncle and nephew ch
are living with them.

CRIMES Art. 218
Bankruptcy culpable
The debtor, that causes guilt or aggravates their state of insolvency, shall be punished, whether it is open
bankruptcy proceedings creditors, with first-degree imprisonment and with the '
second-degree disqualification from trade.

FINES Art. 219
unjustified Possession of keys or picks
It 'punished with imprisonment of third degree the person convicted of offenses against property or
begging or subjected to supervision of dangerous people, which is no surprise in
unjustified possession of keys, lock picks and tools adapted to open locks.
Art. 220
Manufacture and sale of keys, arbitrary opening of locks
It 'punished with imprisonment of First Instance the blacksmith or the keys shopkeeper who:
1) circulates picks or other instruments to or force open locks;
2) manufactures or sells keys at the request of person other than the owner or possessor of the place or
object to which the keys are made;
3) opens locks or other devices affixed to the defense of a place or object, at the request of one who is not
owner or possessor of the place or object.
Art. 221

And Careless purchase 'punished by imprisonment of third degree anyone without having first ascertained the legitimate
origin, purchases, receives, seeks to purchase or receive things that, for their quality the
condition of the person who offers or of the price scale, can influence be held from crime.
Art. 222
illegal entrance in the bottom
And others' liable to a fine of First Instance anyone, except in cases provided for in Articles 182 and 201 or by
special laws, enters without the need of others in the background completely enclosed by fence or other stable
shelter.

TITLE II CRIMES AGAINST FAMILY MISDEEDS

Art. 223

Anyone Fraud in marriage contracts a marriage concealing other hand, the cause of disability, shall be punished by
first-degree imprisonment.
If the marriage is annulled applies imprisonment second degree.
Art. 224
Bigamy

Who, being bound by a civil marriage having effects in the territory, contracts
another constraint that has civil effects in medsimo territory, shall be punished by imprisonment in the second degree and
disqualification of third degree from the office of guardian or curator.
The same punishment the person scientifically binds marriage to bigamist.
The penalties are increased by one degree if the bigamist has misled the person with whom contracts
remarriage.
The offense is extinguished if it is declared invalid or is dissolved the first marriage or the second to cause other
from bigamy.
The penalty is extinguished if the declaration and the dissolution supervening after the sentencing.
The causes of extinction in the two preceding paragraphs shall also apply to sharers.
Art. Adultery 225

The adulterous spouse is punished with a fine by days of the second degree, in one offended lawsuit.
Applies the arrest of the third degree if adulterous relationship.
The penalties are reduced by one degree for separated spouses consensually.
It is not punishable spouse who has been induced into prostitution or exploited other or that both
was separated declared exclusive guilt of or unjustly abandoned.
The offense is extinguished if, before conviction, death occurs of the offended spouse or the
declaration of nullity or the dissolution of marriage.
The penalty is extinguished if the death, the declaration or termination supervening after conviction
or if after sentencing the couple have reconciled.
The above provisions will also apply to perpetrators of adulterers.
Art. 226
Ban on artificial insemination
The woman who married without the consent of her husband gets to practice artificial insemination, is punished
with first-degree imprisonment.
The same punishment those who provided or procured the seed for the purpose of insemination.
If in fact took part in the operator of a health care practice it applies jointly
interdiction at first instance by the profession.
Art. 227
artificial insemination, violent or fraudulent
Anyone with force, threats or deception practice of non-consenting woman artificial insemination
, shall be punished with imprisonment of third degree.
The penalty is increased by one degree if the woman remains inci ta.
If the act is committed by the operator a health profession, apply jointly
fourth degree disqualification from the profession.
Art. 228

Incest Whoever joins carnally with a descendant, u ascendenteo a cognate in a straight line, with
a sister or a brother, relatives, mallards or uterine, he shall be punished with imprisonment of one third || | rank and disqualification for life from parental authority edall'ufficio guardian and curator.
Art. 229
suppression of civil status of a person
Anyone who suppresses the civil status of a person omitting the declaration of birth or
concealing the state, when it is entered in the register of civil status, shall be punished in the prison a third-degree
.
Art. 230
alteration of the family status of a person
Anyone, by supposition of birth, substitution of an infant or falsity in the formation of a
birth, attributes to anybody a state of filiation non-existent or different from that that the law recognizes the
, he shall be punished with imprisonment of the third degree and fourth-degree disqualification from
parental authority and office of guardian and curatoe.
However it is not punishable if it gives to an infant state of filiation corresponding to the real
, unless the fact is not envisioned as another offense.
Art. 231
Stealing underage
Anyone subtracts a minor who has completed his ann fourteen, with the consent of him, to the parent or guardian or
considers it against their will, is punishable upon complaint of them, with the imprisonment of
first instance.
If the subtraction is committed to the detriment of minors under the age of fourteen or ill person
mind, it applies the imprisonment of the second degree.
Art. 232
Abandonment of the domestic home
Anyone, without just reason, leaves the not legally separated spouse, minor children, natural or adopted
, the pupil, so that they remain free of personal assistance, it shall be punished by
the captivity of second-degree and fourth-degree disqualification from parental authority and office of
tutor and curator.
It is not punishable culprit that meets the family prior to the ruling of the first instance judgment
.
Art. 233
Violation of capital requirements arising from r family pporti
Anyone who fails to pay the maintenance needed in the ascending line, spouses, children

Minors or incapacitated, legitimate, natural and adopted; abusing spouse's assets, child or ward or
hollyhocks them, shall be punished with imprisonment for second-degree and fourth-degree disqualification from
parental authority and office of guardian and curator.
Art. 234
Abuse of correction or discipline powers
Anyone abusing powers correction or discipline so as to cause a hazard to the body or the mind
or illness of a person under his authority or entrusted to him, He shall be punished with imprisonment and disqualification
of first Instance by p tria power, office, profession or art.
The imprisonment is of the second degree if the act results in any of the events specified in Article 156 and
third degree if it results in death.
Art. 235

Maltreatment Anyone use per person of family maltreatment under his authority or entrusted to him, shall be punished with imprisonment
second degree.
The prison is in the fourth degree if the act results in any of the events specified in Article 156 and
fifth degree if it results in death.
In the case of ill-treatment to the spouse who is not derived from any of the listed events
indicated in Article 156 if the offense is extinguished before the adoption of the decision at first instance
communion has been rebuilt and the ' harmony famili king.

TITLE III CRIMES AGAINST THE COMPANY '

Chapter I CRIMES AGAINST SAFETY,', PUBLIC HEALTH AND THE ENVIRONMENT MISDEEDS

Art. 236
epidemic and massacre
Anyone committing an act intended to cause an epidemic, a massacre or otherwise to cause
killing more 'persons, shall be punished with imprisonment of sixth grade.
Applies imprisonment of eighth grade, and the interdiction of the fourth degree if the act causes the death of one or more
'people.
Art. 237
Public disaster
Anyone who causes a fire, a flood, or one of an avalanche, the collapse of a
construction, the destruction of a public means of transport or any other event that put in
endanger the public safety, he shall be punished by imprisonment in the fourth degree. If the public safety
is placed in grave danger of explosions or experiments using radioactive substances, it applies
imprisonment of sixth grade.
Art. 238
rescue Refusal
Anyone who, being present in a public disaster, calamity or epidemic, omit or delay of
pay the aid, rescue or assistance to him rich esti authority or otherwise necessary, it shall be punished with imprisonment
of first Instance.
Art. 239
Disaster Risk
Whoever causes the danger of a disaster by destruction or failure of production facilities,
detention, transport of energy or removal of harmful residues of them; of dams, dikes or other hydraulic works
or defense against natural phenomena; by destruction, failure, interruption or
obstruction of roads or other works and installations intended for public transport; or by
bomb power, gas or other flammable or explosive materials or devices, shall be punished with imprisonment
second degree.
The prison has increased by one degree in the case of anti imp of radioactive substances or if the
disaster danger is caused by the hijacking of an aircraft in flight or about to take off
.
Art. 240
ground for road traffic
Whoever, except in cases covered by the first paragraph of the preceding Article and provided that it is not
exercise of the right of public assembly, prevents or impedes the circulation in any way | || on public streets, he shall be punished with imprisonment of first Instance or with the arrest of third degree or
with daily fine of the second degree.
Art. 241
Attacks on public health through environmental deterioration
Anyone in any way, even indirectly, escapes into the atmosphere, entering the waters currents
, stagnant, surface or underground, on the ground of any substances neck nature and especially, also living
, which, by themselves or in connection with the air condition, water or
places or quality or quantity, endanger public health, shall be punished by imprisonment
third degree.
The penalty is increased by one degree for the spread, injection or placement of radioactive substances
.
Art. 242
Breach of public health through manufacturing, corruption, adulteration, commissioning
circulation of foodstuffs or medicines
Anyone who manufactures or produces water or food substances or dangerous drugs for public health
; corrupt, adulterous or alter such waters or substances so as to render them hazardous; the

Introduces in the territory of the Republic or puts into circulation, he shall be punished with imprisonment of
fourth degree.
For whoever takes trade also applies its fourth degree disqualification.
Art. 243
Breach of public health through manufacturing, corruption, adulteration, commissioning
circulation of things for consumption
Anyone who manufactures or produces things for consumption, other than water or food substances or drugs
, they are dangerous to public health; the corrupt, adulterous or alters so
make them dangerous; introduced into the territory of the Republic or circulating these things dangerous
, he shall be punished with imprisonment of third degree.
For whoever takes trade also applies its fourth degree disqualification.
Art. 244
Production, trade and illegal prescription drugs
Anyone who cultivates the plants from which they are derived oppi or prohibited drugs, extracts from them or otherwise
produces drugs, shall be punished by imprisonment in the second degree.
The same punishment he who without authorization introduces drugs in
territory of the Republic, makes trade, has the purpose of making business or proxy
other.
If the offenses punishable in the preceding paragraph are committed in violation of regulations or provisions
authority who is provided with government authorization, apply
's imprisonment and third-degree disqualification fourth degree from the authorization it.
It 'always added the fourth degree disqualification if the offender carries a health care profession.
Your doctor or veterinarian, in order to encourage the abuse, issues prescriptions drug
without there being a need for healing or higher proportions of care needs to be punished with imprisonment of
third-degree and fourth-degree disqualification from the profession.
Art. 245
Destination premises for drug use
Anyone, without having taken part in the offense referred to in the previous article, a local adibisce
a conference of people who give the use of drugs is punished with imprisonment
first degree and second-degree disqualification from trade and from public office.
The same penalty applies to anyone who logs on to the local consume you for drugs.
Art. 246

Anyone deterioration of the natural environment in any way, even indirectly, and outside the cases provided for in Article 241,
escapes into the atmosphere, it enters in the running waters, stagnant, surface or underground, ranks
ground substance of any nature and especially, even living, adequate, by themselves or in connection with
was air, water or places or quality or quantity, to determine modifications or alterations
the natural environment, such as influnenzare adversely the life and development of living organisms
necessary ecological balance, or otherwise liable to affect the use
water as domestic, agricultural and industrial, shall be punished by the imprisonment of the second degree.
The conviction carries as civil obligation, the reinstatement at his own expense of
damaged area.

CRIMES Art. 247

The Disaster culpable culpable disaster shall be punished with imprisonment of third degree.
If the crime is committed by people involved in the prevention, will jointly apply
third degree interdiction from public office, profession or art.
Art. 248
attacks negligent public health
Attacks on public health committed by the deterioration of the natural environment as well
through manufacturing, corruption, adulteration, entry into service of food substances or drugs or to things destined
consumer, committed the fault, are punished with imprisonment
second degree.
Art. 249

The deterioration of the natural environment involuntary manslaughter natural environment deterioration is liable to a fine Lire and imprisonment of
first instance.
It applies the second paragraph of Article 246.
Art. 250
negligent failure to comply with requirements for drug
Anyone not looking to blame the authority requirements, introduced in the territory of the Republic
, distributes, or possesses for the purpose of putting them into circulation, substances
narcotics, shall be punished with imprisonment of first Instance.

FINES Art. 251
Manufacture, entry into service, shoot, illegally carrying weapons, bombs, explosives and flammable materials or explosive

And 'punished with imprisonment of First Instance or with the arrest of the second degree, anyone without the required authorizations
:

1) factory, introduces in the territory of the Republic, it puts into circulation, has the aim of putting into circulation
own weapons, bombs, gases or explosives or inflammable materials or explosive
;
2) shines mines;
3) shoots guns, lit fires of artifice, rocket launchers, or cause ignition or explosion dangerous
inhabited place or direction of it;
4) carries out his own weapon from his home.
Art. 252
Omission of cautions on weapons, bombs, gasordigni
It 'punished with imprisonment or a daily fine of third degree anyone:
1) fails to render harmless or to complain to the authorities bombs or other unexploded explosive or flammable
he found;
2) lower delivery person of sixteen years or incapable of understanding or want to own weapons,
bombs, explosives or explosive or flammable materials, or bring them to him leaving
neglect the necessary precautions to prevent that if seize them;
3) without just cause outside the door of their house or vicinity of it a weapon improper
.
Art. 253
Removing or omission of cautions against road accidents, accidents at work or public disasters
'punished by imprisonment or second degree daily fine of third degree
anyone who fails to place the prescribed signs, shelters, equipment or systems intended to prevent road accidents, accidents at work or
public disasters or removes them or hurts them.
Applies imprisonment second degree who, in the treatment of radioactive substances, omits
precautions necessary to prevent the danger of ionizing radiation to the detriment of the people.
Art. 254
jet or dangerous placement of things, failure to repair of buildings, cut the top of the Mount, tree felling

And 'punished with first degree imprisonment or a fine of a second-degree daily anyone:
1) in a public place or where competition makes people throw things, and liquids, harmful dust
that causes the emission of gases acts to harm oam lestare people;
2) without the affordable caution in public places or places where there is gathering
things that may endanger persons or deface;
3) being bound to the preservation of buildings that threaten ruin, fails to provide for the necessary work
ie, there being maintained, fails to put in place the necessary cautions to
prevent damage to persons or property;
4) cuts the top of the Mount, dig tunnels, or will it affect the base or the side without the required authorization
;
5) breaks down or dries trees without the required authorization.
Art. 255
Failure custody of vehicles, omitted custody and illegal possession of animals
It 'punished with the penalties mentioned in the previous article, anyone:
1) in public or place open to the public abandons u motor vehicle without take precautions to prevent movement
;
2) entrusts a motor vehicle in inexperienced person;
3) fails to keep, abandoned to themselves or are released by the dangerous animals.
It 'punished by the rebuke anyone who takes in the towns of the Castelli City or animals from the barn or backyard
no authority license.
Art. 256
Manufacture, introduction, illegal trafficking of drugs or poisons
It 'punished with imprisonment of First Instance or with the arrest of third degree anyone, without the required authorization
, factory, introduces in the territory of Republic, puts in circulation or
holds in order to put them into circulation medicines or poisons.
Art. 257
Failure to Report a serious mental illness or epidemic diseases
he 'punished with disqualification of First Instance and the daily fine on appeal, the operator of a
health profession who does not observe the obligation to report to the health authorities
contagious illness or mental infirmity by which the person is afflicted brought to its assistance and that
makes it dangerous for themselves or for others.
Art. 258

improper sanitation and 'punished with a fine of lire anyone who carries entries, discharges or deposits of any nature and
species to water, air or soil, without the required authorization.
Art. 259
legitimate order Disregard Authority
It 'punished by imprisonment for second degree anyone who fails to comply the order legitimate authority,
issued relating to safety, health, hygiene and public order .

Chapter II CRIMES AGAINST RELIGIOUS FAITH AND FEELINGS TOWARDS THE DEAD MISDEEDS
Art. 260
Insult of religion
Anyone secular symbols of a religion not cotraria morality, it profane objects of worship or veneration
publicly that it mocks the acts of worship is puntio with

First-degree imprisonment.
The same penalty applies to offenses committed to the honor and prestige of a minister
during the year or due to performance of his duties.
Applies imprisonment second degree to those who profane the sacred relics of San Marino.
Art. 261
Violation of religious REEDOM
Anyone with violence or threats prevents anybody to profess a religious faith, to make
propaganda or to participate in public or private worship it, shall be punished with imprisonment || | second degree.
Art. 262
Disruption religious
Anyone who prevents or disturbs the exercise of functions, ceremonies and religious processions that
accomplished with the assistance of a minister, shall be punished with imprisonment of First Instance.
If the offense is committed with violence or threats, the penalty is increased by one degree.
Art. 263
Insult corpse
Anyone who vilifies a corpse, removes or disperses the esti, shall be punished with imprisonment for second degree
.
Art. 264
Destruction, suppression or removal of the corpse
Whoever destroys, suppresses or removes a dead body or a part thereof, he shall be punished with imprisonment of
third degree.
Applies imprisonment second degree if ccultamento.
Art. 265
burial Violation
A person who commits violation of a tomb, a tomb or funerary urn, shall be punished with imprisonment
second degree.
Art. 266
Disruption funeral
Whoever commits disruption of a funeral or a memorial service, shall be punished with imprisonment of
first instance.
If the offense is committed with violence or threats, the person has increased by one degree.

FINES Art. 267
Blasphemy or outrage against the dead
It 'punished with a reprimand or a fine in days of First Instance anyone publicly
blasphemy.
The same punishment those who publicly utters insulting expressions against the deceased and
lawsuit proceeds to the next joint.

Chapter III CRIMES AGAINST MORALITY 'PUBLIC MISDEEDS

Art. 268
Trafficking for prostitution
Everyone who comes to end prostitution persons abroad, shall be punished with imprisonment and disqualification
fourth degree by political rights, from public office, profession or art.
The prison has increased by one degree if the offender:
1) acted in liaison with organizations operating in the territory of different States;
2) it used force, threats or deception committed kidnapping.
Art. 269 ​​

Induction into prostitution Causing others into prostitution shall be punished with imprisonment and third-degree disqualification
political rights, from public office, profession or art.
The imprisonment is increased by one degree if the crime is c mmesso:
1) using violence, threats or deception;
2) in the minor under the age of eighteen, or who is in the infirmity
conditions or mental deficiency;
3) to the detriment of ascending, descending, akin in a straight line, adoptive parent, adopted, spouse, brother or sister
.
Art. 270
a house of prostitution Tenuta
Anyone who holds a house of prostitution or hires locazi it a property for it to be designed for that
use, shall be punished with imprisonment and third-degree disqualification from rights politicians, public
offices, from the profession or art.
Who runs a house of prostitution, is lending a business or a service of collaboration, he is punished with imprisonment
second degree. Art.271


Pimping Anyone repeatedly exploits the prostitution of others, shall be punished with imprisonment and second-degree
with third-degree disqualification from politic rights, from public office, the profession or dall'rte.
Applies the captivity of the third degree if the offender also facilitates and prostitution.
Art. 272

Anyone Facilitation of prostitution in any way facilitates or encourages prostitution to serve the lust of others, he shall be punished with imprisonment
of First Instance.
Art. 273
Expulsion of foreign sex workers
It 'expelled from the territory of the stranger Republic that makes profession of prostitution.
Art. 274
libidinous acts with persons of the same sex
Anyone who habitually commit acts of lust conpersone of the same sex shall be punished, whether by
fact causes public scandal, with first-degree imprisonment and disqualification second degree
political rights and public offices.
Art. 275
Acts and obscene depictions
Anyone who publicly performs offensive acts of sexual modesty, is punishable by imprisonment
first instance.

Applies imprisonment second degree if the indecent assault went through the communications social
.

Art.276 Other attacks morality
Anyone, through company documents addressed to an indiscriminate public, is
actions or things that - taking into account the particular sensitivity of minors of 18 years - are effective in
excite them to violence, cruelty, hooliganism, sexual corruption that are effective in
offend in them the sense of cohesion to the family unit, shall be punished with imprisonment of
second degree.
Art. 277
Interdiction from parental authority and protection
If the offenses provided for in Articles 268, 269, 272 and 74 are committed by parents, adopter or guardian
to the detriment of the child or the protege, respectively, It is applied, together with the other penalties provided for them
, the interdiction from parental authority and protection.

FINES Art. 278
Acts of pimping, prostitution scandalous
It 'punished by imprisonment or second degree daily fine of third degree anyone:
1) in a public place, open to the public or otherwise lu go where the competition is people, it invites others to lust
with requests, proposals, offers or with attitudes and provocative gestures;
2) by means of social communication it offers his or prostitution of others or require the
enter into a relationship with an addict to prostitution;
3) parked ostentatiously in public place or open to the public in order to obtain or meet customers
;
4) practicing prostitution in their home brings scandal to cohabiting or neighbors.
Art. 279
usual tolerance of prostitution in public exercises
It 'punished with disqualification of First Instance from the market and the relevant governmental authorizations or licenses
, anyone holding a hotel, mobiliata house, guesthouse, peddling drinks, circle, local
dance, a place of entertainment or other local vered to the public, usually tolerate in them or in their dependencies
the presence of one or more 'people who engage in prostitution.
Art. 280
production or putting into circulation of abusive alcoholic, abusive administration
It 'punished with disqualification of First Instance from the trade and from any authorization or license
government or with the daily fine of third degree:
1) whoever without authority permit or without following the factory prescriptions, produces, introduces
in the Republic, it puts into circulation or possesses for the purpose of putting them into circulation
alcohol, liquor, alcoholic beverages or superalcooliche;
2) anyone who, being in charge of a public exercise, administering, makes administering or allowing administering
that other alcoholic beverages out of the time of sale;
3) anyone who administers alcoholic beverages to a person in a state of obvious intoxication.
Art. 281
Drug Abuse, drunkenness, participation in gambling
It 'punished with first degree imprisonment or a fine of a second-degree daily anyone in public place
, open to the public or in private clubs, it read:
1) in a state of severe mental impairment for abuse rooms;
2) in a state of obvious intoxication;
3) while taking part in a game of chance.
It applies the first-degree imprisonment in case of ab tuality in the abuse of drugs or
drunkenness.
The same penalty applies to those who keep the house or circle for games of chance.
The game of chance is when its purpose is to profit and the outcome of it is, at least in part, aleatory.
Art. 282
Acts indecent, obscene language, animal abuse
It 'punished with first degree imprisonment or a fine of a second-degree daily anyone:
1) in a public place, open to the public or places from which can be seen or heard by the public,
performs acts contrary to public decency or uses No foul language;
2) in a public place or open to the public mistreat animals, subjects them to trials so
arouse disgust or unnecessarily kills them;
3) by means of social communication describes, illustrates, represents or reproduces the actions
indicated in the two previous numbers.
Art. 283 Begging

Whoever does craft begging is punished by imprisonment for second degree.
It applies the first-degree imprisonment jointly interdiction of third degree by political rights
who promotes or directs an organization of begging, begging induces a minor
the age of eighteen or a person incapable that hires them.
It 'punished with imprisonment or a daily fine of First Instance the petulant begging.

Chapter IV CRIMES AGAINST PUBLIC ORDER MISDEEDS

Art. 284
Civil War

Anyone who commits an act intended to arouse the civil war in the territory of the Republic, is
punished with imprisonment and disqualification in the fourth degree by political rights and public school and office supplies.
The imprisonment is increased by two degrees if the event occurs.
Art. 285

Revolt armed person who commits a fact seeks to impute in arms the inhabitants of the Republic against the powers
public, shall be punished with imprisonment of third-degree and fourth-degree disqualification from public | || offices and political rights.
The imprisonment is increased by two degrees if the event occurs.
Who takes part in the riot shall be punished with prigiona second degree.
Art. 286

Anyone devastation and looting, so as to disturb public order, accomplished facts of devastation or looting shall be punishable
if the fact constitutes a serious crime, with imprisonment and disqualification third degree by
political rights and public offices.
Art. 287
Conspiracy
The association of three or more 'people, to run a criminal activity plan, an offense punishable by imprisonment
third-degree and fourth-degree disqualification from rights political and public offices
.
The prison sentence is increased by one degree if the organization members in weapons campaigns or public
streets.
Art. 288
Prohibition of armed forces
Anyone without permission form an armed corps, shall be punished with imprisonment and disqualification
second degree political rights.
Art. 289

Incitement to commit a crime Whoever publicly incites to commit a crime shall be punished with imprisonment of First Instance.
The same punishment those who publicly, by exceeding the critical limits, makes the apology of a
fact that the law provides for such wrongdoing.
The penalties are increased by one degree if the crime is committed by using social communications. Art.290 Rissa


Anyone who takes part in a violent dispute between two or more 'people who can cooing public order,
is punished with the arrest of the third degree.
Applies imprisonment second degree if in the course of the brawl is used weapon proper or improper
or other means to offend.

FINES Art.
291 Non-compliance of the order of public meetings
dissolution E 'punished with the arrest of the second degree, anyone participating in a meeting or a gathering
in a public place or open to the public, fails to comply order legitimate
dissolution, gave authority for reasons of impending riots or crimes they committed that
constitute a present danger to the safety is public order.
Art. 292

And Dissemination of false news' punished with first degree imprisonment or a fine of a second-degree daily, anyone in any way
disseminates false information affecting the maintenance of law and order.
Art. 293
disturbance of the public peace
It 'punished with a reprimand or a fine day in the second degree:
1) who by any means or instrument that is noisy with chatter disturbs gatherings, the || | public performances, occupations or the rest of the citizens;
2) those using the phone or in a public place or open to the public harassing people or
it disturbs the peace or other objectionable petulance for reason;
3) a member of a profession or a noisy craft against the law or authority
that is, use in public place instruments sound reproduction or amplification, over the
volume and time limits laid down by ' authorities.
Art. 294
Violation of provisions on public exercises
It 'punished with second-degree daily fine and disqualification of First Instance by trade,
whoever holds no public authority licensing the wings accommodation, dining, entertainment,
show or detention.
It 'punished with daily fine of First Instance and chiunq:
1) being the holder of public accommodation spaces, dining, entertainment, show or entertainment,
does not observe the provisions and legal orders data authority;
2) fails to report the presence of a foreign authority which has given accommodation, within 24
since his arrival.

Chapter V CRIMES AGAINST PUBLIC FAITH MISDEEDS

Art. 295
Tangible fraud in public documents
A public official who in the exercise of its functions forges or alters a public act, it
punished with imprisonment and third-degree disqualification from public office.
The prison has decreased by one degree if the crime is committed by an individual.
Art. 296
ideological Forgery of public acts
A public official who in the exercise of its functions falsely certify facts or statements

As having occurred or made, contrary to the truth, or omits or distorts the facts or statements
occurred or received, he shall be punished by imprisonment and third-degree disqualification from public office.
The penalties are reduced by one degree, if the public official shall issue a certificate or a certificate,
opposed to truth, of facts that the act is intended to prove.
Art. 297
private False statements to the officer
It 'punished with imprisonment or with the arrest of the second degree or third-degree daily fine private
making it to the officer of a public document misrepresentation of facts that the act is intended to try
.
Art. 298
ideological Falsehood committed by public operators exercises
The operator a health profession or other public service, which shall then issue a certificate or declaration
, contrary to truth, of facts that the act is intended to try, he shall be punished with imprisonment
second degree or by a fine of the third degree days.
The penalties apply concurrently if the certificao or attestation should be issued for profit.
Art. 299
Forgery of private writing
Anyone who counterfeits or alters a private agreement, by using it to procure for himself or others an advantage, or
to bring harm to others, shall be punished with imprisonment of First Instance and with
daily fine second degree.
The penalties are increased by one degree if the fake is committed in a credit instrument in bearer or transferable by endorsement
.
Art. 300
Using false documents
The penalties established in the preceding Articles shall also apply to those who make use of false documents, without being
competition in falsehood.
Art. 301
suppression of true acts
Anyone who suppresses or conceals a true public act, shall be punished with the penalties set out in Article 295.
Subject to the penalties set out in Article 299 chiunq and suppresses or conceals a private agreement
true to procure for himself or others an advantage, or p bear damage to others.
Art. 302
Replacing person
Anyone publicly exchanges his person or another's is credited with the opposite sex or
a false name or status, provided that the harm that may arise, shall be punished with imprisonment
first instance.

Chapter VI CRIMES AGAINST THE ECONOMY PUBLIC MISDEEDS

Art. 303
Destruction of wealth of the Republic Anyone, destroying raw materials, products or
agricultural or industrial plants or endangering the livestock of the Republic,
causes serious harm to the overall economy, he shall be punished with imprisonment and with a daily fine of third degree
.
Art. 304
Misuse of tourist movement
Anyone who disseminates false information or uses altrirtifizi to deflect from San Marino tourist
movement, shall be punished by imprisonment and daily fine of First Instance.
Art. 305

Agiotage Anyone with false or biased news or other fraudulent
causes an alteration in the price of goods or public or private values, he shall be punished with imprisonment for second degree and
the third-degree disqualification from trade.
Art. 306
Boycott economic
Anyone for economic purposes leads another to nons mministrare
raw materials or tools or to not buy or sell agricultural and industrial products, causing serious injury to
boycotted persons, shall be punished with imprisonment and daily fine of second degree
.
Art. 307
Counterfeiting, alteration, use of tickets for public transport
Anyone who counterfeits or alters tickets for public transport, or purchases, holds for
put into service or make use of such tickets, counterfeit or forged, He shall be punished with imprisonment of
first degree and the second degree daily fine.
Art. 308
Counterfeiting and altering of marks works ll'ingegno or product trademarks
Anyone who counterfeits or alters Marks d ll'ingegno works, brands of industrial or agricultural products
when were observe the relevant legal provisions or internazioali conventions,
or make use of such trademarks or counterfeit marks or altered, shall be punished with imprisonment and with
daily fine second degree.
The same penalties apply to those who puts into circulation the products or works with brands or
counterfeit or altered marks or introduces them in the territory of the Republic, buys them or
has to put them in circulation.
Art. 309
products and intellectual property with signs acts to deceive
Anyone manufacturer, introduces into the territory of the Republic or has to put them in circulation

Intellectual, industrial or agricultural products with names, marks or signs acts to deceive
origin, source, quality or composition of the product and of the work, shall be punished, as long as the fact
it is envisioned as more 'serious crime, with imprisonment of second degree or a fine in
lire.
Art. 310
Sale of non-genuine products
Anyone who holds for sale or puts into circolazi will not genuine products is punishable by
first-degree imprisonment or a fine of a second-degree daily.
Apply imprisonment and daily fine of second degree in the case of food products aimed at children
.
Art. 311
Prohibition from trading
For the offenses predicted in articles 308 and 310, second paragraph, under the penalties established is added
disqualification from second-degree business.
Art. 312
Selling products without the prescribed information
Anyone who puts into circulation, or purchases or detien for putting into circulation products intended for consumption
no indication of origin, provenance, quality or composition, when such
news is prescribed by law or authority, it shall be punished by a fine of lire.
Art. 313
Misleading Propaganda the intellectual, industrial or agricultural products
Anyone through social communications makes the op intellectual kings, in industrial or agricultural products
propaganda liable to mislead the public on the origin, provenance, quality
or composition thereof, he shall be punished with first-degree imprisonment or a fine in lire.
Art. 314
Prohibition of cross-holdings
The directors or directors of a legally recognized company and account for
same, even through a third party, shares of u'altra company that has control over it, | || are punished with first-degree imprisonment and daily fine of the third degree.
Art. 315
Unlawful distribution of profits
The directors or directors of a legally recognized company which, under any form
, pay fictitious profits or which may not be distributed, shall be punished by imprisonment of first
degree and with the daily fine third degree.
Art. 316

False communications administrators, directors, auditors, liquidators of a legally recognized company, which
in relations with the shareholders or the shareholders' meeting social communications, financial statements or other acts
official expose fraudulent facts untrue on the economic situation of the company or
asset or conceal economically relevant facts, they shall be punished by imprisonment
second degree, with a fine of pounds and with third-degree disqualification.
Art. 317
Prohibition of hidden reserves
The directors or directors of a legally recognized company which, through artificial
exposures budgets, distract income which should be deployed to build up reserves occult capital
, are punished with imprisonment of first instance and with the daily fine
third grade.

CRIMES Art. 318
Unintentional destruction of wealth of the Republic
When the fact referred to in Article 303 is committed culpably applies the first-degree imprisonment.

FINES Art. 319
Abuses in procurement of goods and commodities
It 'punished with a fine by days of the third degree and second-degree disqualification from trade anyone
:
1) introduced into the territory of Republic or export goods and commodities against the authority orders
or quantity different from that permitted;
2) puts into circulation goods or commodities in violation of the standstill lawfully authority;
3) responsible authority, delays or neglects the collection of goods or supplements or distracts the goods or
collections commodities.
Art. 320
Sale of genres to higher price; Ex petulance ye ar trade
It 'punished with a fine of second-degree daily trader:
1) who sells or offers for sale consumer goods at a higher price than that established by
' authorities;
2) that with petulant demands on the public invites you the public to enter their own
exercise or buy their wares.
Art. 321
Abusive collection of savings of citizens
It 'punished by imprisonment for second degree or a fine in lire, anyone without permission
authority or beyond the permitted limits, or Emett placing corporate bonds or otherwise
making the public collection of savings.
Art. 322
construction without a building permit
It 'punished by imprisonment or second degree daily fine from second grade to third grade

Anyone without licensing authority, shall carry out a new building or the
reconstruction, enlargement or the raising of an existing building.
The judge, after hearing the non-binding opinion of the Commission of Public Works and construction, may
order the demolition of unauthorized works.
Art. 323
stone excavations, prospecting, occupation of public land made illegally
It 'punished with a fine of second-degree daily anyone without authority license:
1) runs on Mount stone excavations;
2) makes minerals research;
3) occupies the ground intended for public use with steps, thresholds, plinths, showcases, kiosks or
other objects or systems.

TITLE IV CRIMES AGAINST THE STATE

Chapter I CRIMES AGAINST THE REPUBLIC MISDEEDS

Art. 324
Breach against the territorial integrity and the freedom of perpetual San Marino
Anyone who commits an act aimed at subjecting the t rritorio Republic of the sovereignty of a State or to another
restricting the freedom or independence of San Marino, shall be punished with imprisonment
seventh grade and fourth-degree disqualification from public offices and political rights.
Art. 325

The Betrayal of San Marino San Marino citizen, who takes intelligence with a foreign state at the end of hostilities against
Republic or in any way facilitates the hostile activities of a foreign state at the expense of the || | Republic, shall be punished with imprisonment from fifth to sixth grade and disqualification fourth
public offices and political rights.
Art. 326
intelligence with foreign state against the integrity and freedom of San Marino San Marino
The citizen who takes intelligence with a foreign State to perform one of the facts
anticipated in Article 324 shall be punished with imprisonment from fifth grade to sixth grade and fourth grade
disqualification from public offices and political rights.
Art. 327
Enlistment for a foreign State
Anyone who enlists citizens in the territory of the Republic of San Marino for military service
of a foreign state shall be punished by imprisonment for second-degree and third-degree disqualification from the || | political rights.
Art. 328

Espionage Whoever obtains information that must remain secretarial in the interest of the Republic in order to
communicate to a foreign state or its emissaries, he shall be punished with imprisonment of third degree.
Art. 329

The Secret Revelation of political public official who reveals a story that must remain secret in the interest of the Republic
that facilitates knowledge by others, shall be punished with imprisonment of one third || | degree and fourth-degree disqualification from public offices and political rights.
Art. 330
usurpation of state authority
Engaging arbitrarily in the territory of the Republic political or military acts incumbent
a public authority, shall be punished with imprisonment of third degree.
The prison has increased by one degree in the case of arrest of the person who is in the territory of the Republic
, for the account or sent to foreign state.
If the offense is committed by a San Marino, imprisonment is added the fourth degree
disqualification from public offices and political rights.
Art. 331
Infidelity in affairs of State
Anyone in charge of dealing with affairs of state of foreign State Government, it is unfaithful to
sent his way adversely affect the interests of San Marino, he shall be punished by imprisonment, a fine of
in days and the third degree disqualification.
Art. 332
Destruction of documents relating to the politic interest of the Republic
Anyone, by destruction, removal, concealment, falsification of records or documents
concerning the political interests of the Republic, brings harm to San Marino, shall be punished with
prison third degree.
The penalty is increased by one degree and jointly applies the interdiction of fourth degree
public offices, if the offense is committed by a public official.
Art. 333
San Marino activities abroad against the good of the Republic n me
The citizen who outside the territory of the State organizes the dissemination of false news, such as
hurt the economy of San Marino abroad shall be punished with imprisonment for second-degree and third-degree
disqualification from public offices and political rights.
Art. 334
hostile acts against a foreign State
Engaging in hostile acts against a foreign state in order to expose the Republic in retaliation
or otherwise so as to cause serious disturbance to the relations between the two States, shall be punished by
the prison third degree.
Art. 335
offense in a foreign state representative

Anyone publicly in the Republic offends a representative of the foreign state
present in San Marino in that capacity, it shall be liable, at the request of the Captains Regent, with
captivity second degree.
Art. 336
Breach of the heads of foreign state
The attempt on the life, integrity or liberty of foreign heads of state in the territory of the Republic
, shall be punished with imprisonment and disqualification last degree.
Art. 337
Attack on the Constitution of the Republic ol form of government
Engaging in direct made to change the Constitution of the Republic or the form of government with
violent means or otherwise not permitted by law, shall be punished with imprisonment and disqualification of fourth degree
political rights.
Art. 338
Insult of the Republic and its emblems
Whoever publicly vilifies the Republic of San Marino, its flag or its other
emblem, shall be punished with imprisonment of the second degree.
If the offense is committed by a citizen of San Marino, shall remain applicable in the interdiction of
fourth degree.
Art. 339 Conspiracy

When three or more 'persons agree to commit one of the crimes mentioned in Articles 324 and 337
well as in article 341, shall be punished, if the offense is not committed, with imprisonment
second degree and third-degree disqualification from public offices and political rights.
Are not punished the participants that, by withdrawing from the agreement, inform the authorities.

CRIMES Art. 340
Revelation culpable secret
The Regents captains, members of the Great and General Council, the Secretaries of State or
diplomatic representatives, who because agevolan knowledge of information that must remain secret
in the interest of the Republic, they shall be punished with disqualification of first Instance by
political rights and public offices.

Chapter II CRIMES AGAINST PUBLIC AUTHORITIES MISDEEDS

Art. 341
Breach to the Captains Regent
Whoever commits an offense against the life, integrity or personal freedom
of the Captains Regent, shall be punished with imprisonment and disqualification at last instance.
Art. 342
Offense to the honor of the Captains Regent
Anyone who offends the honor or prestige of the Captains Regent, shall be punished with imprisonment for second degree
.
Art. 343
Misdemeanors against the life, integrity or liberty of persons invested political powers
When crimes against life, integrity or personal liberty are committed to the detriment of the members of the Council Great and
overall, the Congress of State and the Council of the Twelve, the
Secretaries of State, Judges of the Republic and the Attorney of the Treasury, apply the penalties for each
established, increased by one degree.
Art. 344
Offense to the honor of people vested with public powers
If the offended the honor and prestige went to one of the persons mentioned in the previous article you
applies the first-degree imprisonment.
Art. 345
Provision common
If the offense to the Captains Regent and those who are invested with public authority faces in them
presence, the penalties provided for respectively in Articles 342 and 344 are increased by one degree.
Art. 346
Attempt against the authorities
Engaging in direct made to prevent the Captains Regent, the Great and General Council and the
its Members, the Congress of State and the Council of the Twelve and their members, to secretaries of State,
to the Judges of the Republic, the Attorney of the Treasury the exercise of constitutional functions
delegated to them or to cause them to Miss oni illegally or termination, shall be punished with imprisonment and with
'disqualification in the fourth degree by ir political cts.
Art. 347
Attack on the freedom of public authorities
Anyone who uses violence, threats, deceit or offers or promises to influence utility
benefit of themselves or others, the Captains Regent, the Great and General Council, the Congress of State, the Council of the Twelve
or their members, the Judges of the Republic or the Prosecutor of the Treasury in the
fulfillment of their official functions, shall be punished with imprisonment and third-degree disqualification from
political rights.

FINES Art. 348
disturbance of public meetings or hearings
It 'punished with first degree imprisonment anyone in the sessions of the Great and General Council, in public
events presided over by the Captains Regent or in the hearings of the Judges || | Republic, in words or acts disturbs the sessions, events or hearings.

Chapter III CRIMES AGAINST PUBLIC JUSTICE MISDEEDS

Art. 349
offense at the hearing to the collaborators of the judge

Anyone in open court offends the honor or the prestige of a chancellor, an expert, an interpreter
, a witness or other employees of the court, he shall be punished with imprisonment for first degree
.
Art. 350

Anyone Failure to report, there being required by law, fails to file a complaint or report the crime to the judge or public official
which should report back to him, shall be punished with first degree imprisonment.
If the offense is committed by an official or police officer or by a traffic policeman, it applies
second degree interdiction from public office.
Art. 351

arbitrary arrest and release A public official who arbitrarily proceeds to an arrest or omits a release
, shall be punished with imprisonment for second-degree and fourth-degree disqualification from
public offices.
Art. 352
arbitrary treatment against detainees
Whoever, having the custody of the person arrested, de Enuta or subject to security measures
prison, submit it to a disallowed penalty treatment, it shall be punished with imprisonment of first
degree and with third-degree disqualification from public office.
The imprisonment is of the second degree if the act results in any of the events specified in Article 156 and
third degree if the death comes.
Art. 353
Home Search made arbitrary
The public official who, abusing the powers inherent to its functions, we introduce or retain
in another's home or in another private place of stay or exercise of activity, shall be punished by
the first-degree imprisonment and third-degree disqualification from public office.
Art. 354

unfaithful Patronage The lawyer, the prosecutor or the technical adviser, who favors the opposing side
maliciously or willfully cause, to the detriment of their customers, the loss of a right, the
lite or the passage judicata of a judgment shall be punished by a fine of lire and
disqualification fourth degree by profession.
The same punishment applies to the lawyer, the prosecutor or the expert who lends his
advocacy or her advice, even through a third party, at the same time against itself.
In the fine is replaced imprisonment second degree if the offense is committed against a defendant
of wrongdoing punished with imprisonment of degree higher than the third.
Art. 355
Prevarication the notario
The notary who roga an act in the interests of the person he already assisted to the same object as
attorney or prosecutor, shall be punished extent that leads p egiudizio to one party, with a fine by
days and with the third-degree disqualification from the profession.
Art. 356

Anyone Simulation of crime brought to the attention of the judge or of a public official who is required to
riferirglielo, a crime who can not be done or it simulates the traces so that you can start
criminal proceedings to ensure it, shall be punished with imprisonment of first Instance.
Art. 357
Slander and autocalunnia
Anyone, through direct complaint or lawsuit to a court or a public official who has the obligation to
riferirglielo, blames a misdeed anybody he knows innocent or simulates borne
him the traces of a crime, shall be punished with imprisonment from second to third grade.
Applies imprisonment second degree if the accusation agent himself of a crime or a crime by
he did not commit.
Those sentences are lowered by one degree if the incrimination concerns a misdemeanor.
Art. 358
False witness, expert opinion, interpretation
The falsehood of the witnesses, experts, and interpreters made to the judge in any process, not
litigation, shall be punished with imprisonment of the second degree.
The culprit is not punishable if it portrayed the false and manifests the true before the proceedings is
pronounced judgment or other ruling of first instance.
Is not punishable, also when by law should have been advised of the right to abstain.
Art. 359

Anyone False oath of the party as a party in civil proceedings swears falsely shall be punished by imprisonment in the second degree.
Art. 360
Breach of freedom of witnesses, experts and interpreters
Anyone who uses violence, threats, deceit or offers or promises utilities in order to prevent
a witness, expert or interpreter to fulfill their function or in order to
make a false testimony, expert opinion or interpretation shall be punished with imprisonment of the second degree.
Art. 361

evidence of suppression or immutazione Whoever, apart from cases of complicity in the crime and with the intent to mislead the court, immuta
status of places, things or persons who may be subjected to an act of inspection or
judicial experiment
or suppresses, removes or conceals any other object or piece of evidence
, he shall be punished with imprisonment of the second degree.
The penalty is increased by one degree if the crime is committed in order to provoke the condemnation of an accused
.
Art. 362

Aiding Whoever, apart from cases of complicity in the crime, helping someone to evade the authority
research or to make the product or profit of r ato, shall be punished with imprisonment or with the 'interdiction
second degree political rights.
There is punishable ascendant, descendant and spouse who helps a spouse to evade
to searches.
Art. 363

Evasion Whoever, being legally arrested, imprisoned or subjected to custodial security measure,
escapes, he shall be punished with imprisonment of First Instance; but the penalty is reduced within the limits of Article 93
if the escapee is constituted within a month.
If the offense is committed with violence to people from more 'gathered inmates or with rebellion, it is
applies the captivity of the second degree; but the penalty is reduced by one degree if the escapee is constituted
in the previous term.
The penalties provided for in the first subparagraph shall apply to convicted or all'internato that
taking advantage of the freedom granted to the daily work outside or for a permit or license
experiment will abscond in order to evade the execution of imprisonment or measure
well as the convict who escapes imprisonment atonement postponed by articles
100, 101, and 102 CP
About having the custody of the person indicated in first paragraph, procures or facilitates the escape, shall be punished with imprisonment
second-degree and fourth-degree disqualification from public office, but
those penalties are reduced by one degree if the offender procures
constitution of the convict in one month.
Art. 364
Breach of interdict obligations
The condemned interdiction that violates the relevant obligations, shall be punished with imprisonment of
first instance.
Art.
365 Non-compliance of the deportation order
A foreigner who violates the order of expulsion from the territory of the Republic, shall be punished with imprisonment
second degree.
Art. 366
Non-compliance with obligations imposed by the civil judge
Anyone who fails to comply or otherwise evades the execution of a court judgment,
concerning the custody of children or other persons incapable or that prescribes measures
precautionary in defense of property, possession or credit, shall be punished with imprisonment of first Instance
and daily fine of third degree.
Art. 367

Anyone Reason shewn, to exercise an alleged right, when he could go to court, you do the same reason as if
using violence or deceit against presone or changing the status of places, you
punished, in one offended lawsuit, with first-degree imprisonment, with the arrest of the second degree or with
daily fine third degree.
It is not punishable if committed the act as an immediate consequence of the arbitrary way in
its damage to avoid the effects.

CRIMES Art. 368
procured evasion culpable
Anyone, even having temporary custody of a person arrested or detained for a
offense or subjected to a custodial security measure, it causes by negligence evasion, shall be punished by || | interdiction second degree from public office.
The culprit is not punishable if within three msi from escaping prosecution capture or
presentation to the authority of the person escaped.

FINES Art. 369
Next patronage of adverse parties
It 'punished with a fine by days of third grade the lawyer or the prosecutor who, after having initiated
to the defense of a part, takes on the patronage in favor of party.
Art. 370 Failure to report

And 'punished with disqualification of First Instance or with the daily fine third degree
the operator a health profession, which fails to make the scoresheet for injuries or illnesses that They may submit
criminal offenses, always when the report does not expose the assisted person to criminal prosecution.

Chapter IV CRIMES OF PUBLIC OFFICIALS AGAINST PUBLIC ADMINISTRATION


MISDEEDS Art. 371
Embezzlement of public official
A public official who, for reasons of his office having possession or availability of moveable
Administration or private, appropriates or distracts profitably
unfair for themselves or for others, shall be punished by imprisonment and a fine of days as well as with third-degree disqualification
fourth grade from public offices and political rights.

The penalty is reduced by one degree if the thing stolen or distracted is assumed by the court of
negligible value.
Art. 372 Extortion

A public official who, by abuse of his qualities or of his functions, inducing a more
fear, you give or promise, for himself or for others, any use not due, he shall be punished with imprisonment and
daily fine as well as third-degree disqualification from public offices and political rights
fourth degree.
The same punishments apply if the offense is committed by a public servant who is not a
as a public official.
Art. 373

Corruption A public official who receives for himself or for others any use not due or it
accepts a promise to commit an act contrary to the d true of his office, shall be punished by
imprisonment and disqualification from public offices and political rights from the fourth grade as well as with
daily fine third degree.
The sentences are lowered by one degree if the act is to be done in your office.
At the same penalties underlies the civil servant who is not a public official.
The penalties mentioned in the preceding paragraphs are applicabi also who gives or promises the utility.
Art. 374
Acceptance of utilities for an act already accomplished
A public official or public employee who has no such capacity, who receives compensation for an act of
already taken office, shall be punished with imprisonment of first Instance or with the daily fine
third degree.
The same penalty applies to those who give the reward.
Art. 375
private
Interest in the official records public official or public employee who has no such capacity, which in performing an act
your office takes you a private interest for themselves or for others, through nominees or
by simulation, shall be punished by imprisonment and a fine of second-degree daily as well
with the third-degree disqualification from public offices and political rights.
Art. 376

Abuse of Authority A public official of the powers inherent to its functions to procure for himself or others an advantage
or to bear other damage, is punished, if the offense is not more 'serious offense, with
first-degree imprisonment or a fine in days of the third degree and with third-degree disqualification from public offices
.
Art. 377
Revelation of official secrets
A public official or public employee who has no such capacity, which revealed to strangers
news constituents official secrets, is punishable by imprisonment for second degree.
Art. 378
omission of official acts
A public official who without just cause delays, neglects or refuses to perform any act
of his office, shall be punished with imprisonment or with the terdizione by public office or a fine in
days of first Instance.
If the offense is committed by a commander of the armed forces of the Republic, the penalty is increased to a degree
. The offender is subject to imprisonment of the second degree if the failure occurs in the civil war
time, riot, destruction, vandalism or turmoil.
Art. 379
Omission healthcare
The operator a health profession or art, which without justification
delays or fails to pay the required assistance to those in urgent need, is punished with disqualification
second degree from the health profession or art, unless the fact constitutes a more 'serious crime.
Art. 380
Refusal of office performance
Anyone appointed to a public office is required by law, refuses without good reason to hire him
or pay the prescribed oath obtains an exemption to transport
fraudulent, he shall be punished with imprisonment and disqualification of first Instance political rights.
The penalties are increased by one degree in the case of witnesses, experts, interpreters, tutors, curators,
judicial administrators, custodians or auxiliary of the judge.

Chapter V CRIMES AGAINST PUBLIC ADMINISTRATION OF PRIVATE MISDEEDS

Art. 381
Violence or threats against authority
Whoever, apart from cases anticipated in Article 347, with violence or threats compels a public official
to do or omit an act of its own motion or prevents its' execution, shall be punished with imprisonment
second degree. Apply imprisonment and third-degree disqualification from political
RIGHT T, if the offense is committed by five or more 'people.
Art. 382
Offense public officer
Anyone who offends the honor or dignity of a public official or a public employee who
not have that capacity, in the presence of the same or direct communication with him, in ' exercise or

Because of its functions, he shall be punished with imprisonment of First Instance or with the daily fine
third degree, unless the fact constitutes a more 'serious crime.
Applies imprisonment second degree if the offense is committed with violence or threat.
Art. 383
arbitrary actions of the public official
When the public official or civil servant who has no such capacity commits acts
arbitrary exercise of his functions, the private is not subject to punishment for misdeeds expected within | || two previous articles, provided that there is a proportion between his action and arbitrary act.
Art. 384
False or omitted public official statements
Anyone, questioned by a public officer in the exercise of its functions on the identity, status,
personal qualities or other, refuses to answer or gives false answers, he shall be punished by
first-degree imprisonment or detention or a daily fine of the second degree.
Art. 385
Undue exercise of a profession
Anyone improperly exercising a profession for which a special authorization is required, it is
punished with the arrest of the third degree.
For repeat applies to first-degree imprisonment.
Art. 386
Breach of seals
Whoever breaks, removes or otherwise violates a seal or other sign affixed
authority in order to ensure the preservation or the identity of a so, shall be punished by imprisonment of third grade.
Art. 387

Fraud in supply contracts Whoever, in the execution of a supply agreement concluded with the Republic or other public body
, commits fraud on the quantity or quality of goods or services provided, it shall be punished
with second-degree imprisonment and a fine of lire.
Art. 388
manufacture and smuggling of goods in circumvention of the Exchequer
Anyone manufacturer, introduces into the territory of the Republic, purchases, receives, holds or puts into circulation
to put in circulation things taxpayers, for which has not been paid the tribute
or kinds of deprivation in fraud of the public treasury or State contractors, he shall be punished
with first-degree imprisonment and fourth-degree disqualification from political rights, except for
financial penalties provided for by special laws.
Applies the arrest of the third degree, if the goods are of moderate quantity, and the culprit is not a reiteratore
.
Art. 389

Anyone Tax evasion through false or fraudulent acts is subtracted in whole or in part to the payment of taxes
central government, he shall be punished with first-degree imprisonment and a fine in lire, subject to financial penalties
described in the regulation.
The payment of state taxes made before the enforcement of the sentence cancels the crime.
Art. 390 Disruption of public auctions

Anyone who, by agreement with other competitors or in any different way, prevents or disturbs the
races in public auctions or private invitations to tender or turns away from the bidders, shall be punished by | || first-degree imprisonment or a fine in days of third grade.
The same punishment the competitor for money or other benefits shall not take all
races.
Art. 391
Usurpation of public functions
Whoever, apart from the hypothesis provided for in Article 330, usurps a public function or
continues to exercise despite having been informed dellasospensione or termination thereof, shall be punished by || | first-degree imprisonment.
Art. 392

Usurpation of bonds Whoever illegally takes in public in uniform, badges egni of a public office, the gown or ecclesiastical
arrogates academic or educational qualifications, noble or knightly titles, decorations
or public quality, shall be punished by a fine of lire or daily fine second
grade.

FINES Art. 393

And Damaging billboards' punished with imprisonment or a daily fine of First Instance any damages, defaces, tears smeared
or edicts, ordinances, notifications, notices or posters
publicly posted in accordance with the law.

Chapter VI CRIMES AGAINST POLITICAL RIGHTS MISDEEDS

Art. 394 Breach
against the free exercise of voting rights
Anyone on the occasion of State Voting uses force, threats or deception, or offers or promises
not due utilities, to induce a citizen to sign a declaration of presentation
of nomination or a bill or a referendum ovver to refrain from voting or to vote or
or not for a particular candidate or symbol, shall be punished with imprisonment and second-degree disqualification
third-degree political rights.
The same penalty applies to the citizen who accepts the utility not due.

Apply the imprisonment of third degree is the ban of the fourth degree by political rights and public
offices, if the offense is committed by a person invested with public authority, by a public official or a
minister, abusing its powers and in the exercise of them.
Art.
395 Breach of voting secrecy
Anyone with illicit maneuvers get to know the secret vote cast in an election or vote
State, it is liable to imprisonment for second-degree.
Art. 396
Violation of other political rights of citizens
Anyone with violence or threats prevents anybody to join a party or a trade union that
I'll forces; It prevents to propagate or
participate in meetings or events, public or private they organized;
prevents the presentation of instances of arengo or other petitions or the exercise of any other political rights, shall be punished with imprisonment
second-degree and third-degree disqualification from political rights.
Art. 397

Anyone Electoral fraud in transactions for the election or the draw of the persons responsible for the public authorities or
another public office or for a referendum or through a direct vote, would affect the result by
false claims or other fraudulent means, shall be punished with imprisonment of
second degree and third-degree disqualification from public offices or political rights.
Apply imprisonment third-degree and fourth-degree disqualification, if the offense is committed by
person assigned to the above operations.
Art. 398
Disruption of rallies or meetings electoral
Anyone who prevents or disturbs a rally or other electoral propaganda meeting or the regular
conduct of election meetings, shall be punished with first-degree imprisonment and disqualification | || second degree political rights.
The penalties are increased by one degree if the crime is committed with violence or threats.
Art. 399
Wrongful exercise of political rights of the citizen
An alien or stateless resident, who in the territory of the Republic will retain the political rights
payable to San Marino citizens, he shall be punished with imprisonment of First Instance.
The court may enforce the expulsion from the territory of the Republic.

Chapter VII CRIMES AGAINST THE SIGNS OF SOVEREIGNTY 'THE REPUBLIC MISDEEDS

Art. 400
Counterfeiting alteration and misuse of public seals
Anyone who counterfeits or alters the seal of the Republic, or makes use of the counterfeit seal or altered, shall be punished with imprisonment
fourth degree.
Applies imprisonment of third grade when counterfeiting, alteration or use other public concern
seal.
The penalties are reduced by one degree for those who make improper use of the true seal.
Art. 401
Counterfeiting money, duty stamps and debt securities
Anyone who counterfeits or alters coins which are legal tender or debt securities issued by the Republic, is
punished by imprisonment in the fourth degree.
The same punishment those who make use of such cntraffatte or altered things, introduces into the territory of the State or the
buys or receives in order to use them or put them in circulation.
The penalties are reduced by one degree if the offenses were committed on stamped paper, stamps,
stamps or other equivalent values.
The above provisions will also apply to coins, foreign securities and bonds.
Art. 402

Cause of non-punishment is not punishable if, having committed any of the offenses punishable in the previous article, shall inform
the first authority to use or putting into circulation counterfeit or altered things.
Art. 403
Production, possession, purchase, sale of instruments or counterfeiting materials
Anyone factory, holds, acquires or otherwise receives tools, materials or other resources used
counterfeiting or alteration of the things referred to in Article 401, shall be punished with imprisonment of
second degree.
Art. 404
Forgery or alteration of measuring instruments; use of counterfeit or altered instruments
Anyone who counterfeits or alters tools to measure, law enforcement, make use of such tools
counterfeit or altered or holds them in a shop open to the public, shall be punished with imprisonment of
second grade.
They all apply the daily fine and third-degree disqualification from second degree
business, if the act is committed by the person exercising a commercial activity.
The above provisions will also apply in the case of instruments authorized abroad.
Art. 405
Counterfeiting of public footprints

Anyone who, by means other than those specified in Article 400, forges or alters the footprints of
a public authentication that uses the cos bearing counterfeit marks or altered, shall be punished with imprisonment of a second
degree.
Art. 406
Detention of weights or illegal measures
Anyone in an open public space or in the exercise of a commercial activity holds
different weights or measures other than those authorized, it shall be punished with disqualification of second degree by trade.

FINES Art. 407
abusive reproduction of the emblem of the Republic
It 'punished with a fine by days from the second to third grade, anyone who without authorization reproduces
of goods or articles intended to trade the flag with the emblem or the emblem of San Marino,
unless the fact constitutes a more 'serious crime.
Art. 408
abusive detention of seals
Anyone caught in possession of an unjustified p bblico seal, true, counterfeit or forged, is
punished with first-degree imprisonment.
Art. 409
Using coins and false values ​​received in good faith
It 'punished with a fine by days anyone who, having known the falsity, use or circulating
legal tender, securities, paper stamped, stamps, stamps or other equivalent values ​​
, received in good faith.
The same provision also applies to currencies, foreign securities and bonds.