Status regarding Budapest Convention
Status : Party Declarations and reservations : Declarations regarding articles 24, 27 and 35. See legal profileCybercrime policies/strategies
San Marino has not yet adopted a national cybercrime strategy/ policy.
Cybercrime legislation
State of cybercrime legislation
Specific provisions related to cybercrime were included in the San Marino Penal Code by adopting the Law No. 114 of 23 August 2016.
Substantive law
Substantive criminal law framework was updated by Law No. 114 of 23 August 2016 to address a number of offences provided by the Budapest Convention.
Law No. 61 of 30 April 2002 on the repression of child sexual exploitation on the repression of the sexual exploitation of minors integrates the crimes related to child pornography provided for in the penal code.
Law no. 171 of 21 December 2018 on the Protection of individuals with regard to the processing of personal data is outlining offences related to unlawful use of personal data, confidential information, databases (Article 17).
Procedural law
Procedural powers corresponding to the Budapest Convention are addressed through general criminal procedure measures available under the Code of Criminal Procedure, with exception of extensive regulation of interception of communications.
Safeguards
Safeguards are provided by the Declaration of citizens' rights and fundamental principles of the San Marino system (Law no 59 of 8 July 1974 and subsequent amendments).
Related laws and regulations
Law No. 114 of 23 August 2016 on Cybercrime
Law No. 61 of 30 April 2002 on the repression of child sexual exploitation
Law no. 171 of 21 December 2018 on the Protection of individuals with regard to the processing of personal data
Specialised institutions
The Operational and Judicial Police Unit of the Gendermerie Corps, among other responsibilities is in charge of preventing and combating cybercrime as well.
The Information Technology Office (Ufficio Informatica, Tecnologia, Dati e Statistica) is the agency responsible for the technical support, operational and administrative authority for information technology in the preparation, management and development of the IT plan of the State.
International cooperation
Competent authorities and channels
The central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is Segreteria di Stato per gli Affari Esteri (Ministry of Foreign Affairs).
The authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is Segreteria di Stato per la Giustizia (Ministry of Justice).
Jurisprudence/case law
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.