I. General Provisions
Article 8
Communications with the International Criminal Court and International Tribunals
(1) As a rule, communications with the International Criminal Court or International Tribunals shall take place via the Ministry of Foreign Affairs. Documents relating to the execution of requests shall also be conveyed to the Court or Tribunal via the Ministry of Foreign Affairs in cases where such requests reach the Liechtenstein judicial or administrative authorities through other channels.
(2) Courts and the public prosecutor shall address information and any documents relating to the execution of requests to the Ministry of Justice for onward transmission.
(3) In urgent cases, and in the context of judicial assistance in criminal matters, the Liechtenstein authorities may communicate directly with the International Criminal Court or International Tribunal or via the International Criminal Police Organisation (INTERPOL). Further, in urgent cases, any means of communication may be used which will allow the production of a written record such that the authenticity of the request may be verified. Requests thus transmitted require confirmation via the channel provided for in paragraph 1 above.
(4) Requests from the International Criminal Court or an International Tribunal shall be in writing. Written requests from the International Criminal Court and the supporting material shall be submitted in German or accompanied by a certified translation into German. Requests and supporting material from an International Tribunal shall be accompanied by translations into English or French. Executions of requests from the International Criminal Court and photocopies for the purpose of deferral of a case to it do not require translation.
II. Specific provisions
B. Judicial assistance; procedural provisions
Article 15
Procedural provisions for the execution of requests for judicial assistance
(1) Judicial assistance shall be provided to the International Criminal Court or International Tribunal in accordance with the legislation in force governing judicial assistance in criminal matters.
(2) Requests from the International Criminal Court or International Tribunal for compliance with certain formal provisions shall be executed when these are compatible with the principles of Liechtenstein criminal procedure. Audio and video recording and transmission of the assistance process shall be permitted whenever sought by the International Criminal Court or International Tribunal.
(3) Members and investigators of the International Criminal Court or International Tribunal and others involved in the proceedings and their legal representatives may be authorised, at the request of the Court or Tribunal, to be present at and participate in the assistance process. To this end they shall be informed of the time and place of the execution of assistance activities.
(4) A request from the International Criminal Court or International Tribunal for criminal police investigations or information may also be executed without any referral to national courts via the Ministry of Justice pursuant to Liechtenstein law.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.