Rights during trial - adequate preparation of defence

Liechtenstein

Liechtenstein - Constitution 1921 (2021) EN

Article 33

3) An accused person shall be guaranteed the right of defence in all criminal matters.

Liechtenstein - Criminal Procedure Code 1988 (2017) EN

''III. Execution of pre-trial detention''

§ 1332

1) It shall be the exclusive purpose of pre-trial detention to counteract

the reason for detention (§ 131(2)).

2) Life in pre-trial detention shall be structured so to be as similar as

possible to general living conditions. Restrictions may be ordered or

imposed only as far as this is admissible by law and to achieve the

purpose of detention or to maintain security and order in the

Liechtenstein Prison.

3) In the execution of pre-trial detention, it shall be taken into

particular consideration that

1. accused persons are presumed to be innocent,

2. accused persons must have enough time to prepare their defence, and

3. the negative consequences of confinement be counteracted in a

suitable manner.

4) The execution or pre-trial detention shall be subject to the

provisions of the Enforcement of Sentences Act mutatis mutandis, as far

as these are consistent with the securing purpose of pre-trial detention,

unless the Code of Criminal Procedure specifically provides otherwise.

The execution of pre-trial detention shall not be postponed or

interrupted for the reason alone that there are grounds for the

postponement of a sentence because of unsuitability for execution.

5) The provisions on the execution of pre-trial detention shall also

apply to the execution of detention pursuant to §§ 127 and 129.

§ 1343

1) Pre-trial detainees shall not be housed together with penal

detainees. During outdoor exercise, work, religious service, events, and

health care, however, such separation may be dispensed with, as far as

separation is not possible in the facilities available.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;