I. General Provisions

Article 2
General principle
(1) The Liechtenstein authorities, in particular the courts, the public prosecutor, custodial authorities and security authorities have an obligation to cooperate fully with the International Criminal Court and the International Tribunals.

(2) The obligation in paragraph 1 above shall consist in particular:

(a) pursuant to this law and in accordance with the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for enforcement of sentences, and enforcing fines and forfeitures;

(3) Unless stipulated otherwise in this law, the law on judicial assistance and the 1975 Code of Criminal Procedure shall apply.

II. Specific provisions

E. Enforcement of sentences of imprisonment in Liechtenstein

Article 34
General provisions

(1) The Principality of Liechtenstein may agree to enforce a sentence of imprisonment passed by the International Criminal Court or an International Tribunal, if the sentenced person:

(a) is a Liechtenstein national; or

(b) usually resides in Liechtenstein.

(2) The sentences of imprisonment passed by the International Criminal Court or International Tribunal shall be enforced directly. Sentences passed by the Court or a Tribunal may not be modified. In the light of instructions from the Court or Tribunal, enforcement shall be subject to the relevant provisions of Liechtenstein law on the understanding that the conditions of detention correspond to those of persons convicted of similar crimes in Liechtenstein.

(3) The enforcement of sentences of imprisonment passed by the International Criminal Court shall be subject to the supervision of the Court. At the request of the International Criminal Court or International Tribunal, its members shall be granted access to prisons.

(4) Should a person serving a sentence of imprisonment passed by the International Criminal Court in Liechtenstein be eligible under Liechtenstein law for more lenient treatment involving unguarded work outside the prison, the International Criminal Court shall be informed thereof before such work is allowed. Its opinion shall be taken into consideration in the decision.

(5) Sentenced persons within the meaning of this section are to be granted unimpeded and confidential written communication with the International Criminal Court or International Tribunal.


Article 35
Procedure for acceptance of enforcement of sentence

(1) Should the International Criminal Court or International Tribunal decide that a convicted person shall serve his or her sentence of imprisonment in Liechtenstein and seek transfer of the convicted person for the enforcement of his or her sentence, the sentence of imprisonment is to be served in Liechtenstein once the request has been accepted by the Ministry of Justice.

(2) The Ministry of Justice may only refuse to accept a person as referred to in paragraph 1 above for the enforcement of a sentence of imprisonment if it would give rise to unacceptable consequences for the security and public order of the Principality of Liechtenstein. The decision of the Ministry of Justice is not open to appeal.

(3) The decision by the Ministry of Justice shall be transmitted to the International Criminal Court or International Tribunal with a request to suggest a time and place for the transfer of the sentenced person to the Liechtenstein authorities. The Liechtenstein authorities involved in the transfer of convicted persons shall seek to comply with the wishes of the organs of the International Criminal Court or International Tribunal and of foreign authorities.

(4) Should the sentenced person escape from prison before the expiry of the sentence, the princely court (Article 38 of the law on enforcement of sentences) shall issue a warrant of arrest and initiate a search. Should the person sought subsequently be arrested abroad, the princely court shall, even without an application from the public prosecutor, seek extradition custody pursuant to Article 69 of the law on judicial assistance and transmit the documents required under Article 68 of the said law to the Ministry of Justice. The Ministry of Justice shall seek extradition if the requested State does not approve surrender without an extradition procedure, and the International Criminal Court or International Tribunal has not decided otherwise.

(5) The time spent in custody in the requested State or at the International Criminal Court or International Tribunal shall be deducted from the sentence to be served.

(6) Should persons who have escaped while serving a sentence passed by the International Criminal Court or International Tribunal be arrested in Liechtenstein, they shall be surrendered to the State ensuring the enforcement of their sentence according to the provisions which apply for the surrender of persons to the International Criminal Court or International Tribunal.