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 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.
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.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.