San Marino

Functions and missions

The Civil Police Corps is one of the Police Forces of the Republic of San Marino and is under the responsibility of the Ministry of Internal Affairs.

The Civil Police are responsible for protecting the exercise of the freedoms and rights of citizens, supervising compliance with laws, regulations and measures issued by public authorities, protecting public order and security, preventing and repressing crimes, providing assistance in the event of accidents and disasters.

The Civil Police are also entrusted with specific functions in tax matters, hygiene and social security, civil protection and fire prevention, employment protection and environmental protection. Moreover, they provide security at events, ceremonies and parades.

Structure and organization

The activity of the Civil Police Corps is directed by the Commander and is coordinated with that of the other law enforcement agencies and other State entities, corporations and public administration offices.

The structure of the Civil Police is the following:

• the Command Office, which exercises the functions of operations centre, command secretariat, coordination of unit services, minutes office and barracks of the Corps;
• the Administrative Police and Public Health Protection Unit, which prevents and suppresses crime in general, performs administrative controls and controls for the protection of public health, also in collaboration with other public offices;
• the Judicial Police Unit, which suppresses crime and conducts all-round investigations under the authority of the Court of the Republic of San Marino;
• the Fraud Squad Unit, which suppresses tax crimes by monitoring and controlling companies and businesses. It also conducts anti-money laundering investigations in collaboration with San Marino Court and international supervisory bodies;
• the Emergency Service-Road Accident Unit, which carries out the following functions: patrolling of the territory, roadside checks, prevention and suppression of crimes in general, road accident investigation, occupational accident investigation, management of the Police Office at the State Hospital. Finally, they provide support to the Fire-fighting Unit for all emergencies;
• the Fire-fighting - Civil Protection Unit, which intervenes in any emergency and collaborates with the Emergency Service and Traffic Control Units. It controls industrial production areas, public buildings and collaborates with the Fire Brigade of Rimini;
• the Traffic Control Unit, which carries out roadside checks using equipment such as breathalysers, speed cameras and radar guns. It is also responsible for the prevention and suppression of crime in general and provides support to the Fire-fighting Unit in any emergency. It controls road traffic and monitors the territory. This Unit has specific skills in the management of tourist flows and carries out controls in areas near shopping centres.

Functions and missions

A military police force under the authority of the Secretary of State for Foreign and Political Affairs, the Gendarmeria investigates crime and maintains public order. It also comprises a drugs unit, a food fraud unit, a minors protection office and is responsible for state prisons.

The functions of the Gendarmeria are:

• Prevention and repression of crimes
• Maintaining public order, citizens' security and property protection
• Administrative police (public shows, foreigners, weapons and residence controls)
• Care for compliance with laws, decrees and state regulations
• Stocks and services of honor
• Rescue activity in cases of disasters

Structure and organization

The Corps today consists of a central command and nine brigade commands located in the respective nine castles in which the territory of the Republic is divided administratively.

Pursuant to Article 1 of Decree - Law No. 33 of 23 March 2017, the Gendarmerie Corps includes:

• Units;
• Offices and Squads;
• Brigades.

Units are operational management sections reporting directly to the Commander and are divided into:

• the Command Unit, which is the operational unit through which the activities of the Corps are coordinated and controlled. It performs the following functions: administrative, accounting, asset and logistical management of staff, as well as of goods and vehicles of the Corps; planning of working hours; planning of public order and public security activities; planning of escort and protection services; coordination of Brigades; issuing of certifications, declarations and authorisations signed by the Commander; Commander’s Secretariat; management of the security secretariat; relations with the Basic Organ; notifications; relations and cooperation with other San Marino administrations; relations and cooperation with other foreign administrations; planning of professional training and refresher courses;
• the Operational and Judicial Police Unit, which performs the following functions: operational activities and investigations for the prevention and repression of crimes in general, including those resulting from the consumption, sale and trafficking of drugs as well as from the illegal possession, circulation, trade, production, import or export of treasures of artistic and cultural value; information research and analysis for a proactive investigative approach to prevent and combat cybercrime, organized crime, corruption, money laundering and terrorism; forensic police;
• the Territory Prevention and Control Services Unit, which performs the following functions: territorial prevention and control services; operations centre; emergency services; management of the Corps' electronic files pursuant to the regulations and international agreements in force; management of the Corps' IT structure;
• the Administrative Police, Social Police, Studies and Statistics Unit, which is responsible for the following areas: immigration, foreigners and naturalisation under the legislation in force; guns, ammunition and pyrotechnics under the legislation in force; supervisory activities and private investigations under the legislation in force; gender violence and violence against children; issues related to the social police; research, collection, analysis and processing of data for statistical purposes.

Offices and Squads are the basic operational divisions headed by Units, which carry out the tasks relating to the Gendarmerie’s institutional functions, in order to pursue the objectives of this Corps in its areas of competence.

Brigades are basic operational divisions, coordinated by the Command Unit, which carry out the tasks relating to the Gendarmerie’ institutional functions in defined peripheral territorial areas.

The Information, Investigation and Judicial Police Unit is a qualified manoeuvre unit which, in addition to its information activities, carries out Judicial Police activities and services at the San Marino Court. It conducts investigative and informative activities throughout the territory to integrate, and sometimes replace, other territorial units. This Unit is commanded by a Marshal.

The Preventive and Emergency Services Unit is a special unit designed to ensure Gendarmerie’s constant presence and supervision on the territory. This Unit is the main emergency service manoeuvre force. The Unit, which is also commanded by a Marshal, is composed of at least two Gendarmerie agents and a road accident team.

The Gendarmerie Corps currently consists of:

• a Commander Officer;
• 4 Officers commanding the Units; one of them also acts as Deputy Commander;
• 8 Marshals;
• 16 Brigadiers;
• Deputy Brigadiers;
• Lance-corporals;
• Agents;
• Cadet agents;
• Auxiliary agents.

Functions and missions

The Fortress Guard (Guardia di Rocca Nucleo Uniformato) at the beginning of its reconstitution (1959) had the task of surveillance at the borders of the Republic and to provide guard service at the entrance of the Palazzo Pubblico and has now extended functions of surveillance and security service also extended to Palazzo Begni (Secretary of State for Foreign Affairs); he also has powers of control of Customs Police and functions of Judicial Police.

The Fortress Guard’s functions include:

• Currency checks at state borders
• Prevention and repression of crimes
• Protection of public order and security (riot squad called UAS)
• Control of road traffic and traffic
• Assessment of administrative and criminal violations
• Supervision of state borders, Palazzo Pubblico and various secretariats (ministries)

Structure and organization

The Fortress Guard is under the authority of the Ministry of Foreign Affairs. Currently, the organization chart of the Fortress Guard is composed of (in hierarchical order):

• a Commanding Officer;
• a Deputy Commanding Officer;
• three assistant Sergeants-Major;
• six Sergeants-Major;
• Sergeants;
• Major Corporals;
• Guards;
• Cadet Guards.

Education/Training

The University Centre for Security Training (CUFS) of the University of San Marinoand and the Vocational Training Centre offers training courses that issue a certificate of suitability required to be considered in the competitive recruitment in the Fortress Guard.

Functions and missions

INTERPOL San Marino is an independent body which answers directly to the Minister of Foreign and Political Affairs and to the Minister of Internal Affairs with regard to the proper functioning of the service.

INTERPOL San Marino is the national central authority which reaches out to authorities worldwide for all national criminal police and security matters. INTERPOL San Marino is also the national Currency Anti-counterfeiting Central Office (CACO) and Asset Recovery Office (ARO).

Staffed by officers of all three national police forces, the NCB is the pivotal platform for all national investigations with an international connection.

Operational around the clock, daily NCB duties include:

• Co-operation with domestic and international law enforcement agencies, using INTERPOL’s global police communications system I-24/7;
• liaison with the San Marino Civil Aviation and Maritime Navigation authority with regard to national security;
• co-operation with the Financial Intelligence Agency in fighting money-laundering;
• ID checks using INTERPOL databases, for visitors to San Marino;
• National point of reference for currency counterfeiting.

In order to exercise its functions, while respecting the competences of the Judicial Authority, the National Central Bureau (NCB) (Decree-Law no. 89 of 11 June 2014):

• has the power to access any information necessary to establish the forms of collaboration and exchange of information required to perform its functions;
• is responsible for the technical and operational application of international conventions and bilateral and multilateral agreements signed and ratified by the Republic of San Marino in the field of international police cooperation;
• guides and ensures the operations for the active and passive extradition of prisoners, exchange of information in relation to international police activities and operational activities carried out by Police Corps involving international police cooperation;
• collects data, information and suggestions relative to its activities and, if requested, collaborates in international legal assistance procedures, also for the search and capture of fugitives, in all areas of criminal police;
• is responsible for exchange of police information and identification marks with the National Central Bureaus of other States, ICPO-Interpol Secretariat General and San Marino Judicial Authority;
• is responsible for relations and exchange of police information with liaison officers for police issues at foreign embassies;
• guarantees, possibly with the assistance of the Operational Units of Police Corps, its presence and/or on-call service 24 hours a day, including during holidays and pre-holiday periods, with a view to receiving all requests from ICPO-Interpol and, if necessary, transmits them to the competent Police Corps;

Structure and organization

Staff are recruited, as a priority, from the Police Corps or the overall public sector and shall meet the professional and experience requirements necessary to perform specific functions or tasks. The National Central Bureau is headed by a Director appointed by the Congress of State for a period of 5 years, renewable every 5 years. The code of conduct set out in Delegated Decree no. 59 of 29 April 2015 applies to the members of the National Central Bureau - Interpol.

The judicial system of the Republic of San Marino is based on civil law and is influenced by Italian law.

The judicial system of San Marino, and the bodies making up the judicial power - are based on a Single Court, consisting of two specialised sections, the ordinary and the administrative jurisdictions.

The ordinary jurisdiction is internally subdivided according to the civil and criminal matters, to which the single Law Commissioners are assigned by the Head Magistrate in respect for law provisions and work distribution criteria approved by the Judicial Council. More specifically, the present organisation chart of the Single Court (Laws no. 144 and 145/2003) is composed of the following staff:

• the Head Magistrate of the Single Court

Ordinary and Administrative Jurisdiction

• Judge of Extraordinary Remedies in criminal matters 
• Judge of Extraordinary Remedies in civil matters 
• Highest Judge of Appeal in civil matters (who, according to the law, also deals with administrative matters)
• Highest Judge of Appeal in criminal matters 
• Judge of Appeal of the civil jurisdiction 
• Judge of Appeal of the criminal jurisdiction 
• Law Commissioners (one of whom is also Head Magistrate) 
• Procuratore del Fisco (prosecuting magistrate)

Civil liability action of magistrates 

• Judges for Civil Liability Actions of Magistrates, three effective judges and three substitutes

Clerks (uditori commissariali), Law Commissioners, Judges of Appeal and Procuratori del Fisco (investigating magistrates) are recruited by public competition.

The first-instance judge is the Law Commissioner, whose jurisdiction has no limits, neither with regard to the substance nor to quantum.

The highest level of jurisdiction in civil matters is represented by the Highest Judge of Appeal (appointed by a two-thirds majority of the Judicial Council from among renowned experts). The Highest Judge of Appeal acts as a third-instance judge when the appeal judgement overturns the first-instance judgement both in civil and administrative matters.

The highest level of jurisdiction in criminal matters is represented by the Highest Judge of Appeal (appointed by a two-thirds majority of the Judicial Council from among renowned experts). The Highest Judge of Appeal in criminal matters ultimately decides on appeals concerning the legitimacy of precautionary measures involving property (e.g. seizure of assets) and people (e.g. precautionary arrest) adopted during criminal proceedings or the enforcement of sentences.

The Judges of Extraordinary Remedies in criminal matters are competent to decide on appeals for revision of criminal judgements that have become final, whereas in civil matters they rule on appeals for annulment of civil judgements that have become final. The Judges of Extraordinary Remedies also have jurisdiction to decide on the abstention and objection of magistrates.

The Judicial Council performs representation functions and acts as a guarantor of the judiciary. It meets in ordinary and in plenary sessions.

The Judicial Council in ordinary session is composed of the Law Commissioners, the Judges of Appeal and the Highest Judges of Appeal. It is presided over by the Captains Regent or, upon delegation, by the Head Magistrate. The Minister of Justice takes part in its sessions without voting right. The Judicial Council in ordinary session approves the criteria for the assignment of tasks and for replacements among Judges of Appeal; it may start the review action according to the procedures established by the constitutional law; it may submit requests and provide opinions concerning the organisation of judicial offices; it examines general issues relative to the administration of justice, and in this regard it has the power to submit requests and provide opinions; it decides on any other issue concerning the organisation of judicial work which is submitted to it by the Head Magistrate or by the Minister of Justice.

The Judicial Council in plenary session is composed of the members of the Parliamentary Commission for Justice, the Minister of Justice, the Highest Judges of Appeal, three Judges of Appeal, five Law Commissioners and the Head Magistrate. The Law Commissioners and the three Judges of Appeal are chosen from among those confirmed in office on a permanent basis with the highest seniority in that position; in the event of equal seniority, old age prevails. In any case, the number of magistrates must always be equal to that of the other members; if, due to specific requirements, their number is lower, the Council shall be supplemented with magistrates of the same instance as the lacking magistrate, or, if the number continues to be lower, with Law Commissioners, even if temporarily employed, chosen from among those with the highest seniority in that position; in case of equal seniority, old age prevails. It is chaired by the Captains Regent, or in their absence by the President of the Parliamentary Commission for Justice.

The Judicial Council meets in plenary session to adopt all decisions concerning the appointment of magistrates, to confirm appointments and to designate the Head Magistrate; it evaluates the professional skills acquired by the magistrates; it may suspend, as a precautionary measure, the magistrate subject to the review action and declare his removal or disqualification in compliance with the decision of the Guarantors' Panel on the Constitutionality of Rules; it receives and evaluates the annual report of the Head Magistrate; it examines the issues concerning relations between judicial bodies and the other bodies of the State and, in this regard, it has the power to provide guidance and proposals; it may exceptionally allow additional time to the judges for the issuance of judgements, decrees and judicial orders; it performs all other functions entrusted to the Judicial Council by the law, which are not expressly indicated among those specifically pertaining to the ordinary session.