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SAN MARINO - Abolitionist

Government: republic
State of civil and political rights: Free
Constitution: 8 October 1600; electoral law of 1926 also incorporates constitutional norms
Legal System: based on civil law system with Italian law influences
Legislative System: unicameral Great and General Council
Judicial System: Council of Twelve (Consiglio dei XII)
Religion: Roman Catholic


International Treaties on the Death Penalty and Human Rights:
  • International Covenant on Civil and Political Rights
  • 1st Optional Protocol to the Covenant
  • Second Optional Protocol to the International Covenant on Civil and Political Rights (aiming to the abolition of the death penalty)
  • Convention on the Rights of the Child
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • European Convention for the Protection of Human Rights and Fundamental Freedoms
  • 6th Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (concerning the abolition of the death penalty)
  • European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
  • Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances
  • Statute of the International Criminal Court (which excludes the death penalty)


FACTS

San Marino abolished the death penalty for ordinary crimes in 1848 and fully abolished it in 1865. The 1974 Penal Code provides a maximum sentence of 35 years.
On April 25, 2003 San Marino deposited with the Council of Europe the instrument of ratification of Protocol No 13 to the European Convention on Human Rights and Fundamental Freedoms banning the death penalty in all circumstances. The last execution took place in 1468.
On December 19, 2016, San Marino once again co-sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.

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