LGBT rights in San Marino
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On 9 July 2001 Citation? the parliament of San Marino voted for the repeal of Art. 274 of its Criminal Code. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they have been engaged in "habitually" and thereby caused "public scandal". A conviction under this law resulted in loss of political rights and removal from public office for a period from 9 months to 2 years. 28 MPs voted for the repeal, 21 against, one abstained.
The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained Article 274. The actual text (in Italian) is as follows :
"Atti di libidine con persone del medesimo sesso. Chiunque abitualmente commette atti di libidine con persone del medesimo sesso, punito, se dal fatto deriva pubblico scandalo, con la prigionia di primo grado e con l'interdizione di secondo grado dai diritti politici e dai pubblici uffici.".[1]
In very rough English, it would be approximately:
"Actions of lust with persons of the same sex. Whoever usually it commits fit of lust with persons of the same sex, punished, if from the made drift public scandal, with the imprisonment of first degree and with the degree second of prohibition from the political rights and from the public offices.".[2]
There are no reports that article 274 was ever applied.[3]
However, one source says that Article 275 was suppressed[4], while another source says it was appealed on July 9, 1997. [5]
It was the only special provision on homosexuality in the San Marinese penal code.
--Unclebear4u (talk) 20:32, 29 April 2008 (UTC)
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