I. General Provisions

Article 11
Costs

(1) The costs of executing requests made by the International Criminal Court shall be borne by the Principality of Liechtenstein, with the exception of the following:

(a) costs arising in connection with the surrender of persons in custody for the purposes of obtaining testimony under Article 93 of the Rome Statute;

(b) the cost of translation, interpretation and transcription;

(c) the cost of expert opinions or reports requested by the Court;

(d) costs associated with the transport of a person being surrendered to the Court;

(e) following consultations, extraordinary costs that may result from the execution of a request.

(2) The Ministry of Justice may forgo claiming the costs in paragraph 1 above from the International Criminal Court where these are incidental or there are other valid grounds for so doing.

(3) Paragraph 1 above shall apply to requests under Article 22 below on the understanding that the costs, without prejudice to the cases in paragraph 1(a) to (e) above, are to be borne by the International Criminal Court.

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 17
Summonses

(1) The International Criminal Court or International Tribunal shall be authorised to serve directly by post summonses and other documents on persons who are in Liechtenstein. This shall not preclude service via the Ministry of Justice.

(2) The person summoned is not obliged to acquiesce to the summons. At the request of the person summoned, of the accused or of their counsel, the Ministry of Justice shall obtain from the International Criminal Court or International Tribunal the assurance that the person shall not be subject to prosecution, arrest or detention on account of an act engaged in prior to the person’s exit from the Principality of Liechtenstein.

(3) At the request of the International Criminal Court or International Tribunal, the Liechtenstein court shall transfer an appropriate advance for travel costs to witnesses and experts summoned by the Court or Tribunal who apply for it. Should the witness or expert fail to attend the trial at the Court or Tribunal or otherwise fail to fulfil the obligations arising from the summons, such an advance shall be recovered.

II. Specific provisions

E. Enforcement of sentences of imprisonment in Liechtenstein

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.

''Title IV, § 26e1''

After the proceedings have ended, the accused (defendant) shall be

informed in what amount the costs of the legal aid defence counsel that

he did not have to bear have remained unpaid. Upon service of such

notification, the accused (defendant) shall be obliged to submit to the

court an annual declaration of assets in terms of § 66(1) ZPO on his own

initiative and over a period of ten years, lacking which declaration it shall

be irrefutably presumed that the accused (defendant) is able to make

subsequent payment (§ 26f) without necessary maintenance being

impaired. This consequence of default shall be pointed out to the

accused (defendant).

§ 26f2

1) The accused (defendant) shall be obliged by way of a ruling to

subsequently pay all or part of the costs of the legal aid defence counsel

that he did not have to bear, and on application also to pay according to

the tariff the remaining remuneration of the lawyer provided to him by

way of legal aid as far as and as soon as the accused (defendant) is able to

do so without necessary maintenance being impaired. The obligation of

subsequent payment may no longer be imposed after ten years have

passed from the end of the proceedings.

2) In the ruling on subsequent payment, it shall first be imposed on

the accused (defendant) to pay the costs of the legal aid defence counsel

that he did not have to bear, and then the payment according to the tariff

of the remaining remuneration of the lawyer provided to him by way of

legal aid, the amount of these costs being assessed at the same time. Such

ruling shall be enforceable only after it has become final.

3) The President of the Court of Justice may declare the amounts to

be paid subsequently pursuant to Para. (1) to be uncollectible if the

efforts to be made for subsequent payment are economically

disproportionate to the amounts or if there are any other

disproportionate obstacles.

§ 300

1) The fees to be paid for submissions, examinations, inspections,

hearings, judgments, rulings etc. in addition to the court fees shall be laid

down by law.

2) Wherever the reimbursement of costs is mentioned in the

provisions below, this shall apply mutatis mutandis to the payment of

fees.

§ 301

1) The costs concerning which reimbursement by the accused may

take place shall include:

1. the expenditures for service, summonses, and delivery by messenger;

2. the costs for bringing and transporting the accused and other persons

before the court;

3. the fees and allowances of witnesses and expert witnesses;

4. the fees of defence counsels and other attorneys of the parties;

5. the costs of the accused's accommodation during pre-trial detention:

6. the travelling expenses and daily allowances of the court persons and

the public prosecutor;

7. the costs of the execution of a criminal judgment.

312.0 Code of Criminal Procedure (StPO)

180

2) The fees listed under Items (1) to (3) and (5) to (7) as well as the

fees of the legal aid defence counsel provided to the accused shall be

advanced by the State Treasury.1