San Marino

Art. 54 (Prescription of the offense) 

The offense prescribes: 

1) in two years, if it is punished with reproof, a fine for days, arrest, first or second degree interdiction, first degree imprisonment, single or joint Between them; 

2) in three years, if punished with second degree imprisonment, with the interdiction of third degree or fourth degree, with a fine [of lire] 8 , alone, jointly or otherwise penalty; 

3) in four years if punished with third degree imprisonment, alone or in conjunction with other punishment; 

4) in five years if it is punished with fourth degree imprisonment, alone or in conjunction with other punishment; 

5) in eight years if punished with fifth degree imprisonment, alone or in conjunction with other punishment; 

6) in sixteen years if he is punished with sixth degree imprisonment, alone or in conjunction with other punishment; 

7) in twenty years if he is punished with seventh or eighth degree imprisonment, alone or combined with other punishment 

 Art. 169 (Kidnapping) 

It deals with people Anyone who commits treats or otherwise trades in a person who is in the conditions referred to Article 167, or, in order to reduce or keep a person in slavery or servitude, induce him by means of deceives or coerces you through violence, threats, abuse of authority or taking advantage of a situation physical or mental inferiority or a situation of necessity, or by promise or giving of sums of money or other advantages to the person who has authority over it, to enter or reside or leave from the territory of the State or to move within it, is punished with sixth degree imprisonment and with fourth degree ban. 

The penalty is increased by one degree if the facts referred to in the first paragraph are committed to the detriment of a minor eighteen years old or are directed to the exploitation of prostitution or in order to subject the injured person to the organ harvesting.  

 Art. 175(Seduction) 

Whoever joins carnally with a woman under the age of twenty-one, misleading her about her status as a married person and with a promise to marriage, is punished with imprisonment not exceeding the second degree 

 Art. 176 (Kidnapping for the purpose of libido or marriage) 

If the fact provided for in article 169 is committed for the purpose of lust or marriage, the offender is punished with third degree imprisonment. 

 Art.176 bis (Forced marriage) 

Anyone who forces a person into marriage is punished with the third degree imprisonment. 

Anyone who intentionally deceives a person into one’s territory State other than that in which the latter resides, in order to force it to contracting marriage is punished with second degree imprisonment. 

 Art. 223 (Fraud in marriage) 

Anyone who contracts a marriage hiding the cause of invalidity from the other party, is punished with first degree imprisonment. 

If the marriage is annulled, second degree imprisonment applies. 

San Marino Penal Code-English-PDF.

Art.18 (Resident status of victims of forced marriage) 

The Permanent Council Commission for Foreign Affairs, Emigration e Immigration, at the request of the interested party and after verification of the requirements to obtain it, grants residence to victims of the crime referred to in Article 176 bis of the Criminal Code who, conducted in another State in order to contract forced marriage, have lost the status of resident for the occurrence of the condition referred to in Article 17, paragraph 5, letter a) of Law 118 of 28 June 2010 and subsequent amendments.

Art. 1 (Definition of marriage) 

Marriage is the union of a man and a woman founded on a free and responsible choice based on the moral and juridical equality of married couples. 

The state recognizes the fundamental role of the family and promotes its well-being. 

 Art. 4 (Of the conditions necessary for marriage – age) 

The minor cannot marry. 

The Law Commissioner, as a tutelary judge, can authorize, for very serious reasons marriage of the minor who has reached the age of 16, after consulting the persons exercising parental authority o protection, once psycho-physical maturity has been ascertained through medical-psychological experts. 

 Art. 17 (Of oppositions to marriage – People who can oppose) 

Parents  or failing them, ancestors and collaterals within the second degree can do opposition to the marriage of their relatives for any reason provided for by the law that precludes the celebration. 

If one of the spouses is subject to guardianship or curatorship, the opposition lies with the guardian or curator. 

The right of opposition also belongs to the spouse of the person who wants to contract another marriage. 

The Tax Attorney must oppose the marriage if he is aware of the mental infirmity of one of the spouses against whom, due to age or for any other reason, she has not been initiated the prohibition procedure or if he is aware of the existence of any other impediment to celebration of the marriage by anyone reported. 

 Art. 132 (Causes of nullity of marriage) 

Marriage contracted in violation of articles 3- 4-5-6-7- of this law is void. 

The marriage contracted is also void: 

1. a) in the absence of free, spontaneous and direct perfect consent to enter into the marriage bond;
2. b) with error regarding the identity of the person of the other spouse or the personal qualities of the other spouse regarding physical or mental illnesses, sexual anomalies or deviations such as to prevent the normal course of married life.

 Art. 133 (Action for the pronouncement of nullity) 

The action for the pronouncement of nullity must be exercised: 

1. a) by the spouses;
2. b) by next ascendants if the marriage was contracted by minors;
3. c) by the guardian in the event of a marriage contracted by a disability due to mental illness.

The action for the pronouncement of nullity can also be exercised by the Tax Attorney on solicitation of anyone who has a legitimate and current interest in it if they deem the validity of the request. 

 Art. 134 (Terms) 

The action for the pronouncement of nullity for violation of articles 5-6-7- is imprescriptible. 

The action for the pronouncement of nullity, for violation of art. 3 is prescribed after 6 months from coming of age. 

In all other cases, the action is prescribed within 12 months from the discovery of the defect.