Il pubblico ministero e l’azione penale in San Marino. Tratti evolutivi e recenti riforme costituzionali

Abstract

Pubblic prosecutor and criminal prosecution in San Marino. Constitutional features and recent reforms.
This paper concerns profiles and evolutionary features of the prosecutor in San Marino criminal trial. It aims to describe the current discipline in terms of functions, divided in the trial between the Investigating Judge and the Procuratore del Fisco (Prosecuting Magistrate), in the framework of the peculiar legal system of San Marino - based on ius commune - and in the substantial retention of a mixed criminal procedure model in the face of profound institutional changes and constitutional principles. In particular, this work focuses on the reasons behind the crisis of the original San Marino solution, as well as the risks to the mandatory nature of the prosecution and the efficiency of criminal justice, in the context of the recent reform of the judiciary and trial system.