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.


Article 36
Speciality of enforcement

(1) A convicted person transferred to Liechtenstein for the enforcement of a sentence passed by the International Criminal Court or International Tribunal may not be prosecuted, punished, detained or extradited to a third country on account of an act engaged in prior to the said transfer, which was not part of the judgement of the International Criminal Court or International Tribunal, without the consent of the Court or Tribunal.

(2) The speciality of enforcement shall not preclude such a measure if:

(a) following release from a sentence of imprisonment passed by the International Criminal Court, the person did not leave the territory of the Principality of Liechtenstein within 30 days, or following release from a sentence of imprisonment passed by an International Tribunal within 45 days, even though he or she was able and free to do so;

(b) the person leaves the territory of the Principality of Liechtenstein, by whatever means, and returns voluntarily or is returned legally from a third country; or

(c) the International Criminal Court or International Tribunal forgoes applying the rule of speciality.


Article 37
Reports about enforcement

At least once a year, and on completion of the sentence, the prison at which the convicted person is serving the sentence of imprisonment passed by the International Criminal Court or International Tribunal shall submit a conduct and health report to the Ministry of Justice. The Ministry of Justice is to be notified at once if the convicted person escapes before the expiry of the sentence or if enforcement is no longer possible for other reasons. The International Criminal Court or International Tribunal shall promptly be acquainted with such reports.


Article 38
Conditional release and pardon

(1) Decisions regarding conditional release, pardon or a reduction of sentence in respect of a person sentenced by the International Criminal Court shall be taken by the International Criminal Court; decisions regarding conditional release, pardon or a modification of sentence in respect of a person sentenced by an International Tribunal shall be taken by the President of the International Tribunal.

(2) Should the convicted person make an application for conditional release, pardon or a reduction of sentence, it shall be submitted to the Ministry of Justice for onward transmission to the International Criminal Court. The same shall apply mutatis mutandis for the onward transmission of applications for conditional release, pardon or a modification of sentence to the International Tribunal on the understanding that the Ministry of Justice shall accompany them with an indication of the time requirements under paragraph 46 of the Criminal Code.

(3) The International Criminal Court or International Tribunal should be informed ex officio of any circumstances which are favourable for conditional release, pardon or a reduction or modification of sentence.


Article 39
Transfer of enforcement of sentences to another State

(1) At the request of another State, a sentence accepted for enforcement may be transferred to it, with the consent of the International Tribunal.

(2) Any request from the International Criminal Court or International Tribunal for the surrender of a sentenced person to another State for the continuation of the enforcement of a sentence shall be promptly complied with.

(3) Should a sentenced person ask to serve his or her sentence of imprisonment in another State, the request should be forwarded to the International Criminal Court or International Tribunal.


Article 40
Termination of sentences of imprisonment

(1) Should the International Criminal Court or International Tribunal indicate that the enforcement of a sentence of imprisonment should be terminated, the sentenced person shall be released promptly, or be transferred to the authority responsible for the enforcement of foreign orders, unless Liechtenstein criminal proceedings or extradition proceedings are underway, or grounds exist to initiate such proceedings.

(2) Prosecution, punishment or extradition on account of an act engaged in prior to the acceptance of the enforcement of sentences may only proceed consistent with Article 36 above.


Article 41
Costs of enforcement of sentences

(1) The ordinary costs of enforcement of sentences shall be borne by the Principality of Liechtenstein.

(2) Other costs, including the cost of surrender of the sentenced person from or to the Court or from one State of enforcement to another and the cost of expert opinions or reports requested by the International Criminal Court shall be borne by the latter.


Article 42
Enforcement of sentences of imprisonment for offences against the administration of justice

Having regard to the enforcement of sentences of imprisonment passed by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Rome Statute, this law, with the exception of the provisions in Articles 34(1) and (5), 34(1) to (5), and 41 above, shall not apply. The procedure shall comply with paragraphs 65 to 67 of the law on judicial assistance.


F. Acceptance of enforcement of fines, forfeiture measures, and orders for reparations or the return of property


Article 43
Acceptance of enforcement of fines and forfeiture measures of the International Criminal Court

(1) Requests from the International Criminal Court for the enforcement of orders involving fines or forfeiture measures shall be complied with if it is likely the fine can be collected in Liechtenstein or if the objects or assets referred to in the order are to be found in Liechtenstein. Prior to approving such enforcement, the person ordered to pay the fine and persons claiming rights to the objects or assets shall be heard. The sentenced person need not be heard where he or she cannot be reached.

(2) The decision on a request for enforcement of a fine or forfeiture measure shall be taken by the princely court in a court decision. The fine or forfeiture measure ordered by the International Criminal Court may not be modified. The court decision may be appealed against by the public prosecutor or the person concerned within 14 days before the Court of Appeal.

(3) A fine imposed by the International Criminal Court shall be enforced in Swiss francs. The official exchange rate as of the day of the International Criminal Court’s order shall be used should the amount of the fine to be enforced be stated in a currency other than Swiss francs.

(4) Any payment facilities granted by the International Criminal Court in respect of the date of payment of fines or their payment in instalments shall be taken into consideration.

(5) Should the enforcement of a fine imposed by the International Criminal Court prove to be partly or wholly impossible, the International Criminal Court shall be informed thereof.

(6) If the International Criminal Court cannot collect a fine but instead sentences the convicted person to imprisonment and requests the Principality of Liechtenstein to enforce the sentence, the provisions in Articles 34 to 41 above shall apply.

(7) Should the enforcement of a forfeiture measure ordered by the International Criminal Court prove impossible, the princely court shall decide on an alternative pecuniary sentence and take measures with a view to collecting amounts corresponding to the value of the assets or objects to be seized.

(8) The proceeds from the enforcement of fines and forfeiture measures are to be transferred to the International Criminal Court, subject to the provision in paragraph 9 below.

(9) Fines, objects and other assets may be retained in the Principality of Liechtenstein if:

(a) the injured person resides or usually lives in Liechtenstein and they are to be granted to him or her;

(b) an authority files a claim to them;

(c) a person not involved in the criminal offence claims rights thereto;

(d) they are required for legal proceedings in Liechtenstein.

(10) Should a person file a claim pursuant to paragraph 9 above, any consideration as to whether to grant the money or assets requires the consent of the International Criminal Court.

(11) The provisions of this section shall also apply to the enforcement of fines ordered by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Rome Statute.


Article 44
Acceptance of enforcement of orders for reparations or the return of property

(1) A request from the International Criminal Court for the enforcement of a binding order from the Court for reparations in the form of money shall be admissible if it is likely that it can be collected in Liechtenstein.

(2) Enforcement shall comply with Article 43 above.

(3) Enforceable orders of the International Criminal Court or an International Tribunal for the return of property or proceeds from criminal offences shall be regarded as determinations by foreign courts which fulfil the conditions in Article 52 of the execution order.