Prohibition of all corporal punishment in San Marino (2014)
When San Marino was examined by the UN Committee on the Rights of the Child in 2003, the Government stated that corporal punishment of children was an offence under the Penal Code provisions against abuse of the authority to discipline. In fact, the relevant article of the Penal Code (article 234) did not clearly prohibit all corporal punishment. However, while accepting a recommendation to prohibit corporal punishment made in 2010 during the Universal Periodic of San Marino, the Government pledged to amend the Criminal Code to ensure clear prohibition.
In June 2014, the draft law prohibiting all corporal punishment was approved by the Government (Decision No. 17 of 17 June 2014) and was scheduled for its first reading in the Great and General Council in July 2014. The law was enacted in September 2014. The new Law of 5 September 2014 No. 140 amends article 57 of the Law of 26 April 1986 No. 49 on Family Law Reform to state (unofficial translation):
Children have the right to protection and security, and shall not be subjected to corporal punishment or other treatment harmful to their physical and psychological integrity.”
Article 234 of the Penal Code was also amended:
(Prohibition of corporal punishment). Whosoever in the exercise of the power to correct or discipline inflicts corporal punishment or uses other coercive or repressive means, shall be punished with first-degree imprisonment or disqualification from exercising parental power, office, occupation or profession, where the punishment or means employed result in danger to body or mind or illness to the person under the authority of or entrusted to the perpetrator, or third-degree imprisonment if the act results in one of the events specified in Article 156, or fifth-degree if its results in death.”