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Republic of San Marino
San Marino.
Judicial power · Tribunal

Judicial
Organs

The Sammarinese judicial system is divided between ordinary, administrative and constitutional jurisdiction. The Tribunale Unico, the Administrative Tribunal and the Collegio Garante operate with professional magistrates and conciliating judges. The codes in force date from the second half of the nineteenth century.

Tribunale Unico sections
2
Criminal code
1865
Collegio Garante
2002

Source: Law no. 36 of 26 February 2002 · Official Bulletin of the Republic of San Marino

Seat of the Tribunale Unico of the Republic of San Marino
§ I — Ordinary jurisdiction

The Tribunale Unico

The Tribunale Unico is divided into two sections, dedicated respectively to ordinary civil and criminal jurisdiction and to administrative jurisdiction. Single-judge functions are entrusted to the Judge of Appeals, the Commissioner of the Law, the Conciliating Judge and the Commissarial Auditor. The magistrates are appointed by the Great and General Council from among non-Sammarinese figures, while the Conciliating Judges may be citizens of the Republic.

The criminal procedural system is inquisitorial in design, but a reform project aims at a stronger accusatorial component. The criminal code in force dates from 1865; the criminal procedure code from 1878.

Articulation of judicial power
Body Subject
Tribunale Unico · Ordinary sectionCivil and criminal, single-judge and collegial jurisdiction
Tribunale Unico · Administrative sectionDisputes with Public Administration, appeals against administrative acts
Judge of AppealsAppeals in civil and criminal cases
Commissioner of the LawFirst instance, civil and criminal
Conciliating JudgeConciliation and minor-value cases
Collegio GaranteConstitutionality of laws, conflicts of attribution, Sindacato over the Regency
Judicial CouncilGuarantee, representation, discipline of the magistracy
§ II — The Collegio Garante

Supreme body of judgment

Established by law no. 36 of 26 February 2002, the Collegio Garante inherited the supreme powers previously exercised by the Council of the XII. It consists of six magistrates serving for four years, elected by the Great and General Council with a two-thirds majority of its members.

  • ◆Rules on the constitutionality of laws on the request of at least twenty Councillors, the State Congress, five Giunte di Castello, 1.5% of the electorate, or on the initiative of judges and parties.
  • ◆Settles conflicts of attribution between constitutional bodies.
  • ◆Establishes the admissibility of referendums.
  • ◆Exercises the Sindacato over the Captains Regent at the end of the mandate.
FAQ · Useful answers

Frequently asked questions

Who exercises judicial power in San Marino?
Judicial power is entrusted to the Tribunale Unico, to the administrative organs of first instance and appeal, to the Collegio Garante (Constitutional Guarantor Body) and to the Judicial Council.
Are the magistrates Sammarinese citizens?
By constitutional practice, the magistrates of the Tribunale Unico are appointed by the Great and General Council from among non-Sammarinese figures. Conciliating Judges may instead be citizens of the Republic.
What is the Collegio Garante?
It is the supreme judicial body established by law no. 36 of 26 February 2002, taking over the powers previously exercised by the Council of the XII in constitutional matters.
When were the criminal codes adopted?
The criminal code in force dates from 1865; the criminal procedure code from 1878. A reform project moves the proceedings towards an accusatorial system.
How is constitutional review activated?
On the request of at least twenty Councillors, the State Congress, five Giunte di Castello, 1.5% of the electorate, or on the initiative of judges or parties in a trial.