San Marino
San Marino adopted a law to establish a series of counterterrorism bodies in 2019 and amended its criminal code to incorporate new terrorist offences in 2020. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
“Terrorism” or “terrorist act”: any conduct which, in violation of constitutional law, international law of the statutes of international organisations, can, by its nature or context, cause serious damage to a country or to an international organisation, or is aimed at causing a grave offence to people or property, or is carried out with a view to coercing the institutions of the Republic, of a foreign state or an international organization to perform or refrain from performing any act, or to intimidate the population or a part of it, or to destabilize or destroy the political, constitutional, economic, or social structures of the Republic, of a foreign State or of an international organisation. “Terrorism” or any “terrorist act” is also constituted by conduct defined by conventions or other rules of international law binding on the Republic. Article 1(1)(p), Measures to Prevent, Combat, and Repress the Financing of Terrorism, the Proliferation of Weapons of Mass Destruction and the Action of Countries that Threaten International Peace and Security, Law No. 57 of 29 March 2019.
This definition in the 2019 Counterterrorism Law is the key one in Sammarinese domestic law pertaining to terrorism. The actus reus of a terrorist crime is very broad and the elements are alternative not cumulative. That said, San Marino is a State Party to the core international instruments on human rights and believes that the fight against terrorism must comply with obligations undertaken under international law, in particular international human rights law, refugee law, and international humanitarian law.
Adherence to Global and Regional Terrorism Treaties
San Marino is a State Party to all the major United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
San Marino ratified the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol in 2021.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | Signatory |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
While the primary legislation on counterterrorism is the 2019 Law, the criminal law governing terrorist offences is found in the Criminal Code. New offences in the Criminal Code were created by the Decree-Law No. 154 of 22 September 2020. Under Article 340 quater:
Anyone who for the purpose of terrorism attacks the life or safety of a person, is punished, for a first-degree offence, with seventh degree imprisonment [14 to 24 years] and a ban from public offices and fourth degree political rights and, for a second-degree offence, with fourth degree imprisonment [four to ten years] and with the ban from public office and third degree political rights.
To date, no criminal prosecution for terrorism has occurred in San Marino.
Counterterrorism Capacities and Policies at Domestic Level
The 2019 Counterterrorism Law created a series of national counterterrorism bodies: the Permanent Counterterrorism Committee, the Counterterrorism Task Force, and the Counterterrorism Crisis Management Unit. These are the bodies tasked to coordinate San Marino’s action to prevent and combat international terrorism. The Permanent Counterterrorism Committee complements the broader work of the Technical Commission for National Coordination, which was established in 2009. A key component of the fight against terrorism is combating terrorist financing and the crimes closely connected with terrorism, including money laundering.
Glossary
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