[Penal treatment and rehabilitation of the convict in the new Penal Code of San Marino. Juridical and criminological aspects].

The Republic of San Marino adopted a new Penal Code which came into force on Ist January 1975; it replaced the former one of 15th Sept. 1865. After having stated the typical aspects of the Penal Procedure System therein enforceable, the Authors examine the rules concerning criminal responsibility and the danger of committing new crimes. They point out and criticize the relevant contradictions. In explaining the measures regarding punishment and educational rehabilitation provided for by the San Marino's legal system, the Authors later consider them from a juridical and criminological viewpoint. If some reforms must be approved (for example: biopsychical inquiry on the charged person, probation, week-end imprisonments, fines according to the incomes of the condemned, etc.). the Authors stress that some legal provisions may appear useless and unrealistic when one considers the environmental conditions of the little Republic. The Authors conclude that Penal Procedure Law is not in accordance with Penal Law and, consequently, they hope that a new reform will be grounded on the needs arising from the crimes perpetrated in loco. It shall be, however, necessary to plan a co-ordination among the two Codes within a framework of de-criminalization of many acts which are now punishable as crime.