Comparative law and justice/San Marino

Part of the Comparative law and justice Wikiversity Project

Subject classification: this is a comparative law and justice resource.

Fishersgirl 19:31, 9 February 2010 (UTC)

Basic Information

San Marino, also known as The Republic of San Marino, is the third smallest European state following Holy See and Monaco. It is claimed that San Marino is the world's oldest republic and was founded in 301 A.D. by Marinus, a Christian stonemason. The state is located in Southern Europe and borders Italy. It is a land locked state consisting of mainly rugged mountains. The entire state is 61 square kilometers (23.5522317 square miles) and is approximately one third the size of Washington D.C. Most of the state consists of the Apennines Mountains. The lowest point in the country is Torrente Ausa at 55 meters. The highest point is Monte Titano at 755 meters. San Marino has a Mediterranean climate which consists of mild winters and warm summers. The population of the state is 30,167 people, with 16.8% between the ages of 0 and 14, 65.8% between 15 and 64, and 17.4% 65 or older. The religion of the state is Roman Catholic. The nationality of San Marino is Sammarinese. The two main ethnic groups which are found within this state are Sammarinese and Italian. The language of the state is Italian.

Brief History

The State of San Marino was founded by a Christian stonemason, Marinus, in 301 A.D. This makes San Marino the oldest republic in the world. Marinus fled to this area of Europe and created a small community of Christians with the same beliefs as him. The republic was originally named "Land of San Marino" and then later changed to "Republic of San Marino". The state of San Marino was originally governed by the Arengo. Then in 1243 the government established joint heads of state. These became the Capitani Reggenti or the Captains Regent. Until 1463, San Marino's boundaries were only those of Mount Titano. After that, Pope Pius II expanded San Marnio's borders to include three towns, Fiorentino, Montegiardino, and Serravalle. One more town later joined with San Marino later in the same year. Faetano became part of San Marino on their own. Within all the years that this state has been around, they have only been overtaken by other militaries twice. The first time was in 1503 when Cesare Borgia took over the country but only for a few months before he died. Then in 1739 Cardinal Alberoni took over the country by military force. People protested this with civil disobedience and by writing to the Pope. The Pope recognized San Marino's rights and restored the country's independence.

Economic Development, Health, and Education

The GDP for purchasing power parity for San Marino is $1.662 billion and the GDP for official exchange rate is $1.048 billion. The GDP per capita is $41,900. In San Marino, the unemployment rate is 3.1%. The average income in the state is . The key industries within this country consist of tourism, banking, textiles, electronics, ceramics, cement and wine. In 20007, about $3.744 billion was spent on imports. The main imports consist of a variety of consumer manufactures as well as food. San Marino made approximately $4.628 billion in 2007 on exports. The state's exports are building stone, lime, wood, chestnuts, wheat, wine, baked goods, hides and ceramics.

There are 9.69 births per 1,000 of the population and 8.55 deaths per 1,000 of the population. The infant mortality rate is 5.53 deaths per 1,000 births. The average life expectancy at birth is 80.81 years. For males, the life expectancy is 77.39 years, while females have an expectancy of 84.52 years. The fertility rate for the country is 1.36 children born for every woman. The literacy rate for the country is 96%. The rate is 97% for males and 95% for females.

Governance

The state of San Marino has a Civil Law Government. The government structure is similar to that of Italy. On October 8, 1600 the constitution of San Marino was put into action. In addition to the constitution, there is the electoral law of 1926 and the manuscript of rights, which was developed in 1974. These two pieces of legistlation serve some other functions of the Constitution. There are three main branches of government within the state of San Marino. These include the Executive, Legislative, and Judicial branches and contain the following members of government: Executive: Captain Regent Francesco Mussoni and Captain Regent Stefano Palmieri (co-chiefs of state); Congress of State (cabinet) elected by the Great and General Council; Secretary of State for Foreign and Political Affairs Antonella Mularoni (head of government). Legislative: unicameral parliament: 60-member Great and General Council. Judicial: Council of Twelve. In addition, there are nine municipalities which are part of the Administrative division of San Marino. There are no reports of corruption within the state at this time

Elections

There are nine political parties in the state of San Marino. These are:

• Christian Democratic Party of San Marino
• Party of Socialists and Democrats
• National Alliance
• Popular Alliance
• United Left
• New Socialist Party
• We Sammarinesi
• Sammarinesi for Freedom
• Democrats of the Center

The voting age for the state is 18 years of age, and all people within the state are granted voting rights at that age.

Judicial Review

The Constitutional Court has an important roll within the country. This court is incharge of the following actions:

• Varify that laws, acts, and traditions are given the force of law conform to constitutional precepts
• Varify the admissibility of referenda
• Decide on conflicts between constitutional institutions
• Control the activity of the Captains Regent

Courts and Criminal Law

COURTS: Consiglio dei XII (Council of Twelve)

The Judiciary branch is composed of the following:

• commissioner of the law
• the judging magistrate
• the appellate judge
• the juvenile court
• the judge of final appeal

The comissioner of the law deals with civil and penal cases whose penalties do not exceed a three year sentencing. The judging magistrates controll all other cases. These magistrates are appointed by parliament for terms of three years, however they can be reappointed indefinitely. The lower court judges mostly consist of Italian citizens. The final court of review is the judge of final appeal, who, in civil matters, either confirms or overrules the decision of either the lower court judgement or an appellate judge decision. When it comes to criminal matters, this court rules on the enforcement of judgement as well as the legitimacy of detention measures.

Judges act independently and impartially on civil matters, and administrative remedies as well as judicial remedies exist for alleged wrongs. There were no reports of problems facing law enforcement agencies in enforcing domestic court orders.

The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. Trials are public and are presided over by a single judge. There are no provisions for a jury trial. Defendants have the right to be present and to consult with an attorney even during preliminary investigations. Defendants can confront or question witnesses against them and present witnesses and evidence on their behalf. They have access to government held evidence relevant to their cases. They enjoy a presumption of innocence and have the right to two levels of appeal.

In case of legal actions against military personnel, a civil judge is temporarily given a military grade and assigned to a military tribunal.

Punishment

Prison and Detention Center Conditions

Prison conditions generally met international standards. The government permitted visits by independent human rights observers, but there were none during the year 2006.

Arrest and Detention

Suspects were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official. The law provides a detainee with the right to a prompt judicial determination of the legality of his detention, and the authorities generally respected this right in practice. There is a well-functioning bail system. Detainees are allowed prompt access to family members and to a lawyer of their choice; the state provides legal assistance to indigent persons.

Legal Personnel

No information on the legal personnel within the state could be found, other than the judges within the state (See Courts and Criminal Law)

Law Enforcement

Civilian Police Force A non-military police force which, when necessary, works in collaboration with the Gendarmerie. Its duties consist in traffic controls as well as civil, commercial, tax and revenue matters.

Civilian Police and Civil Defense Corps Its duties include control, protection and prevention in matters of commerce, tourism and traffic; morever, it is responsible for all questions regarding civil defence activities.

Guardians of the Rock (Artillery and Uniformed Corps) In the past this corps was called "Guardian of the Fort" and constituted the artillery defence system. Today its activities include border controls and protection of the most important State institutional buildings; such as the Public Palace e Palazzo Begni, where its activities include sentinel services and changing of the guard ceremonies. Moreover, its duties include the control and policing of customs and passport formalities, which are carried out also by means of inspection and control of traffic circulation; verifying any administrative infringements, and escorting valuable goods and securities. The Guardians of the Rock are identifiable by the bright green color of their uniforms.

Regular Militia The blue uniform with white trimmings, complete with musket and bayonet is the protagonist of official ceremonies. The Regular Militia is, together with the Guard of the Grand and General Council, the oldest military corps, dating back to the 18th century.

Crime Rates and Public Opinion

Information on Crime Rates and Public Opinion are not made available for this country.

Rights

All children are provided a free education until grade 13 (or 18 years of age). Schooling is manditory until the age of 16. There is no unequal treatment in schooling on the basis of gender. There is also no difference in the health care provided for boys and girls. Discrimination for those with disabilities is prohibited in the areas of employment, schooling, access to health care, and in the provision of state services.

Family Law

In San Marino, there is rarely violence against women, including spousal abuse. The government strongly enforces the law for violence against women. During 2006, there were no reports of any form of violence against women. Anyone who is found guilty of spousal abuse faces two to six years in prison and if it is aggravating circumstances they can face anywhere from four to ten years. Women are granted all the same rights as men under family law, as well as under property law and the judicial system. They also do not face any economic discrimination when it comes to pay, employment or working conditiongs. The state does not have any government office to ensure the rights of the women.

Violence against or abuse of children is uncommon

The state of San Marino does not recognize same sex marriages, unions, or partnerships.

Social Inequality

The law strictly prohibits any discrimination based upon someone's social standing (as well as gender, race, disability or language). The government of San Marino fully enforce this law.

Human Rights

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected this provision in practice.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and the government generally respected these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

b. Freedom of Peaceful Assembly and Association

c. Freedom of Religion

d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation

There are no known Human Rights organizations in this country. However, the government does not have any restrictions on the creation of such organizations.