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

H. Acceptance of prosecution of offences against the administration of justice

Article 46

(1) At the request of the International Criminal Court, the offences listed in article 70(1) of the Rome Statute may be prosecuted in Liechtenstein where they have been committed on Liechtenstein territory or by Liechtenstein nationals.

(2) In judging such offences, the International Criminal Court shall be regarded as if it were a Liechtenstein court and its officials as if they were Liechtenstein officials.

(3) Article 60 of the law on judicial assistance shall be applied with the understanding that references therein to the requesting State relate to the International Criminal Court.

''Title VII, § 48''
4) The person leading the official act shall dictate the record aloud, so

that the persons present can hear it. However, the person being

examined shall be free to dictate his answer to the keeper of the minutes.

If the person being examined misuses this right, it may be withdrawn

from him by the judge. The record shall be written in full text.

However, it shall be admissible to temporarily use shorthand or to

record the record with a technical aid. At any rate, the fact of such

procedure as well as any ruling that is announced shall be immediately

noted in full text. Shorthand and audio recordings shall be converted

into full text immediately, and if any of the participants so requires, the

audio recording shall be played back before such transfer in addition;

shorthand and audio recordings shall be subject to § 202(4).2

§ 493

''Title X, § 113''

If a witness does not follow a summons served upon him, he shall be

summoned again and be threatened with a fine of up to 1,000 Swiss

francs and with being brought before the court in case he fails to appear.

If the witness still fails to appear without a valid excuse, the investigating

judge shall award a fine against him and issue a warrant to bring him

before the court. In urgent cases, the investigating judge may issue such

warrant already after the witness's first unjustified failure to appear. The

witness shall defray the cost of being brought before the court.
§ 114

If the witness appears but refuses to give testimony or to take the

witness's oath without providing a legal reason for either, then the

investigating magistrate may coerce him by awarding a fine for contempt

of up to 1,000 Swiss francs, and in important cases and in the case of

continued refusal by up to six weeks of imprisonment for contempt, all

of which shall not affect the continuation or discontinuation of the

investigation.

'' Title XI, § 126''

1) If the person summoned fails to appear without having submitted a

sufficient excuse, a written warrant of enforced appearance shall be

issued against him.

''Title XI, II. Arrest and pre-trial detention1 § 127, 3. if he tries to influence witnesses, expert witnesses, and co-suspects, to

remove the traces of the offence, or otherwise to make the

ascertainment of the truth more difficult, or if there is the danger as a

result of certain facts that he will attempt to do so, or

§ 214

1) Immediately after the judgment has been rendered, it shall be

announced by the presiding judge in the public hearing before the

assembled court in the presence of the parties, giving a brief summary of

the rationales and referring to the provisions of the law that have been

applied; and the defendant shall be instructed on his rights to appeal.

2) It shall be pointed out in such instruction that the appeal must be

lodged either orally on the court record or by written submission (§ 222).

This instruction shall be documented in the trial record.

3) If an incorrect time-limit for appeal has been stated and if this is

longer than the legal one, the time-limit shall be considered complied

with during such longer term; if a shorter term has been stated, the legal

time-limit for lodging the appeal shall apply; if there has not been an

instruction on the lodging of appeal, the term for lodging an appeal could

not start running at all.

4) If the instruction stated not the competent court but another court

or another office to be the correct addressee for lodging an appeal, the

time-limit for lodging an appeal shall be considered complied with even

if the appeal has been lodged with such incorrect office. However, the

incorrect office shall forward the lodging of the appeal to the competent

court ex officio.

5) If the tribunal finds itself unable to proceed with the rendering and

announcement of the judgement immediately after the end of the trial,

the presiding judge shall announce the date and time of such

announcement of the judgment.