Rights during trial - examine witnesses

Liechtenstein

Liechtenstein - Criminal Procedure Code 1988 (2017) EN

''Title VII, § 69''

An inspection shall be carried out as often as this seems necessary to

clarify a circumstance that is relevant for the investigation. There shall

always be no less than two court witnesses, and if it appears expedient

for the recognition of the items to be investigated or for receiving

information, the accused shall be brought in, too. The accused's defence

counsel cannot be prohibited from taking part in the inspection;

''Title VII, § 69''

2) If in the course of an inspection a person is examined in the process

of reconstructing the probable events of the offence at the scene of the

offence and an audio or video recording is made of such examination

(reconstruction of the offence), the public prosecutor, the accused, the

victim, the civil claimant, and their representatives shall be given the

opportunity to take part. They shall have the right to ask questions and

to demand supplementary investigations and statements.

§ 195

1) Witnesses and experts shall be called individually and examined in

the presence of the defendant. Before their examination, they shall be

admonished to tell the truth. Expert witnesses who have already sworn

the oath and witnesses who have been sworn during the investigation

shall be reminded of the oath sworn.

2) Except in this case, each of these shall be sworn (on penalty of

voidness) after the general questions have been answered and before his

further examination, unless this is prevented by any of the reasons listed

in § 123(1) to (6). If the prosecutor and the defendant agree on this, the

swearing of an oath may be refrained from or be suspended until the

examination of the witnesses has ended.

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:

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;