Combating Organized Crime in San Marino: Challenges and Recommendations

San Marino is a small European state that has been working to strengthen its efforts against organized crime. In this article, we will examine the key findings on San Marino’s legislative framework, extradition agreements, judicial system, law enforcement agencies, and economic environment. We will also discuss the challenges facing the country in combating organized crime and provide recommendations for improvement.

Key Findings

Legislative Framework

San Marino has a code of conduct for councillors in the legislature that adheres to the Council of Europe’s Group of States against Corruption’s (GRECO) recommendations for enhanced transparency. This is an important step towards ensuring accountability and integrity within the government.

• San Marino’s code of conduct includes provisions such as:
  • Mandatory disclosure of financial interests
  • Prohibition on lobbying by councillors while in office
  • Requirement for councillors to attend training sessions on ethics and corruption prevention

Extradition Agreements

San Marino has extradition agreements with several countries, including its most important partner, Italy. This allows the country to work closely with other nations to bring perpetrators of organized crime to justice.

• San Marino’s extradition agreements cover:
  • Crimes such as murder, kidnapping, and terrorism
  • Extradition procedures for individuals suspected of committing these crimes

Judicial System

San Marino is working on reforming its judicial system and code of criminal procedure to strengthen the independence and autonomy of the judiciary. This is crucial in ensuring that justice is served fairly and impartially.

• Key reforms include:
  • Creation of a new appeals court
  • Establishment of a judicial council to oversee the administration of justice

Law Enforcement

San Marino’s law enforcement agencies include a unit with authority to combat organized crime, corruption, and money laundering. However, the country lacks a proper intelligence apparatus, which hinders its ability to effectively combat these crimes.

• San Marino’s law enforcement agencies face challenges such as:
  • Limited resources
  • Lack of training in investigative techniques

Economic Environment

San Marino’s weak banking sector makes it vulnerable to money laundering. This poses a significant risk to the country’s financial stability and security.

• Measures to address this issue include:
  • Strengthening anti-money laundering regulations
  • Enhancing international cooperation on financial crimes

Challenges

Limited Resources

San Marino has limited resources and infrastructure, making it difficult to effectively combat organized crime.

• The country faces challenges such as:
  • Lack of funding for law enforcement agencies
  • Inadequate infrastructure for surveillance and intelligence gathering

Corruption

Corruption is still a problem in the judiciary and law enforcement agencies. This undermines trust in the institutions and hinders efforts to combat organized crime.

• San Marino needs to address corruption through:
  • Implementing effective anti-corruption measures
  • Enhancing transparency and accountability within government institutions

Lack of Transparency

San Marino’s strict defamation laws may lead to self-censorship among journalists, limiting their ability to report on important issues such as organized crime.

• The country needs to strike a balance between protecting individual rights and ensuring freedom of the press.

Limited International Cooperation

While San Marino has extradition agreements with several countries, it lacks strong international cooperation on organized crime. This limits its ability to bring perpetrators to justice and share intelligence on potential threats.

• San Marino should strengthen its relationships with other nations through:
  • Bilateral agreements on counter-terrorism and anti-crime cooperation
  • Participation in regional and international organizations focused on combating organized crime

Recommendations

Strengthen the Judicial System

San Marino should continue reforming its judicial system and code of criminal procedure to ensure independence and autonomy.

• Key recommendations include:
  • Establishing a new appeals court with broad jurisdiction
  • Enhancing training for judges on anti-corruption and organized crime prevention

Improve Law Enforcement

San Marino needs to develop a proper intelligence apparatus for law enforcement agencies to effectively combat organized crime.

• Recommendations include:
  • Creating a dedicated unit for investigating organized crime
  • Enhancing resources and funding for law enforcement agencies

Enhance International Cooperation

San Marino should strengthen international cooperation on organized crime, including extradition agreements with more countries.

• Key recommendations include:
  • Bilateral agreements on counter-terrorism and anti-crime cooperation
  • Participation in regional and international organizations focused on combating organized crime

Address Corruption

San Marino needs to address corruption in the judiciary and law enforcement agencies through effective anti-corruption measures.

• Recommendations include:
  • Implementing a robust whistleblower protection policy
  • Enhancing transparency and accountability within government institutions