Detainees may not be held more than a few days without being formally charged or released. Although there is no legally prescribed limit on pretrial detention, San Marino's uncrowded criminal dockets ensure that the courts hear most cases within days or weeks. The right to a public trial and legal counsel is provided. The accused may request that a court-appointed attorney be provided at no cost. There is no incommunicado detention, and the accused may not be compelled to answer questions or make statements without having an attorney present.
Judicial authority is turned over in part to Italian magistrates in both criminal and civil cases.
Cases of minor importance are handled by a local conciliation judge. Appeals go, in the first instance, to an Italian judge residing in Italy. The concept of privacy of the home is respected by the authorities. Judicial warrants are required for searches. The privacy of correspondence, including telephonic communications, is also protected.