La prescrizione nel sistema penale della Repubblica di San Marino

Abstract

Statute of limitations in San Marino criminal law – constitutional features and recent reforms.
This paper concerns the statute of limitations rules in San Marino criminal law. It aims to display current discipline, considering the particular traits of San Marino legal system, still based on ius commune, in the light of some national constitutional principles and principles deriving from ECHR in ordinary jurisdiction, as well as in the activity of the Guarantors' Panel on the Constitutionality of Rules. Special attention is paid to effects, corrections to malfunctions and critical issues deriving from the reform of statute of limitations in 2008, which set a maximum time to conclude the investigation called ‘prescrizione processuale’.