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For historic and social reasons, the administration of justice in San Marino is entrusted to foreign executives.  The only exceptions are the Justices of the Peace, or judges of exclusively civil proceedings, where sums involved do not exceed 25 million lire. 

Civil Judges are: Law Commissioner of 1st instance, Judge of the Civil Court of Appeal, the Council of Twelve when sentences in 1st and 2nd degrees of jurisdiction do not agree.  

Criminal Court Judges are: Law Commissioner of enquiry (investigating Magistrate), Law Commissioner who decides in 1st degree of jurisdiction, Law Commissioner, Judge of penal enforcement, judge of the Court of Appeal, for criminal cases. 

The judiciary system of San Marino provides for just two degrees of jurisdiction in criminal cases. In such cases, the interests of the State are represented and defended by the Fiscal Attorney. 

All the Civil and Criminal Court judges together form the judiciary Council of ordinary jurisdiction.  This council, chaired by the Minister for justice, is a self-governing organ of the Magistracy. 

The administration of administrative justice is entrusted to the Administrative Judge of 1st instance.  His sentences can be appealed against through the Administrative Judge of Appeal. 

When sentences of 1st and 2nd degree of jurisdiction do not agree, it is possible to request a 3rd degree of judgement by the Council of Twelve. 

In 1975, the new Penal Code came into effect.  Civil matters are governed by Common law, by the Statutes of 1600, and by subsequent laws or amendments.  

Over the past forty years, particular attention has been given to social legislation.