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.

§ 288
False testimony in court
1) Any person who as a witness or, unless such person is simultaneously a party, as a person providing information gives false testimony in court on the matter during his formal questioning, or as an expert provides a false finding or a false opinion, shall be punished with imprisonment of up to three years.
2) Any person who gives false testimony (paragraph 1) in court under oath or confirms false testimony by an oath or otherwise commits perjury in court with respect to an oath provided for by law shall be punished with imprisonment of six months to five years. Reference to an earlier oath shall be considered equivalent to an oath, and in the case of persons exempt from the duty to swear an oath, the affirmation provided for in lieu of an oath shall be considered equivalent to an oath.
3) Any person shall be punished likewise in accordance with paragraph 1 who, as a witness or expert, commits any of the acts referred to therein in proceedings conducted by the National Police in accordance with the Code of Criminal Proceedings.444

§ 289445
False testimony before an administrative authority
1) Any person who, acting as a witness before an administrative authority, gives false testimony on the matter during his formal questioning or who, acting as an expert before an administrative authority, provides a false finding or a false opinion shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates.

§ 290
False testimony out of necessity
1) Any person who gives false testimony (§ 288, § 289) in order to avert any disgrace, any risk of criminal prosecution, or a direct and significant pecuniary disadvantage from himself or a relative shall not be punished if such person was exempt from the obligation to give testimony or could have been exempted from such obligation and if such person
1. did not know that this was the case,
2. did not disclose the reason for the exemption in order to avert the consequences of the stated kind which could have arisen merely from the disclosure, or
3. was wrongly ordered to give testimony.
2) The capacity of a person as a relative resulting from marriage or a registered partnership or a de facto life partnership shall be maintained even if the marriage, registered partnership or de facto life partnership no longer exists.446
3) The perpetrator shall, however, be punished even if the requirements set out in paragraph 1 are met if such perpetrator can nevertheless be expected to give truthful testimony especially with regard to any detriment resulting for another person from the false testimony.

§ 292
Causing false testimony
1) Any person who by deception regarding facts causes another person to give false testimony in court (§ 288) in good faith shall be punished with imprisonment of up to three years.
2) Any person who, in the manner described in paragraph 1, causes another person to give false testimony before an administrative authority (§ 289) in good faith shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates.447

§ 292a^448
False schedule of assets
Any person who signs a false or incomplete schedule of assets before a court or before the bailiff (article 29 of the Execution Act or article 59 of the Insolvency Act) and, in doing so, puts the satisfaction of a creditor at risk shall be punished with imprisonment of up to six months or with a monetary penalty of up to 360 daily rates.

§ 293^451
Forgery of evidence
1) Any person who produces false evidence or falsifies authentic evidence and does so with the intent that the evidence be used in judicial or administrative proceedings, or in proceedings conducted by the National Police under the Code of Criminal Procedure, shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates, unless the act carries a penalty pursuant to § 223, § 224, § 225 or § 230.452
2) Any person shall be punished likewise who uses false or falsified evidence in judicial or administrative proceedings or in proceedings conducted by the National Police under the Code of Criminal Procedure.

§ 295^453
Suppression of evidence
Any person who destroys, damages or suppresses any evidence which is intended to be used in judicial or administrative proceedings or in preliminary investigation proceedings under the Code of Criminal Procedure and which is not at such person’s disposal or not at such person’s sole disposal, and does so with the intent to prevent the use of the evidence in the proceedings shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates, unless the act is punishable under
§ 229 or § 230.

§ 297
False suspicion
1) Any person who puts another person at risk of official prosecution by falsely suspecting such other person of a punishable act to be prosecuted ex officio or of a violation of an official or professional duty shall, if he knows (§ 5 paragraph 3) that the suspicion is false, be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates, but if the falsely alleged act carries a penalty of imprisonment of more than one year, then the punishment shall be imprisonment of six months to five years.455
2) Any person who voluntarily eliminates the risk of prosecution by an authority before the authority has done anything to prosecute the suspected person shall not be punished in accordance with paragraph 1.

§ 298
Misleading an authority or official about the commission of a punishable act
1) Any person who knowingly misleads an authority (§ 151 paragraph 3) or an official competent to receive criminal complaints about the commission of an act carrying a penalty shall be punished with imprisonment of up to six months or with a monetary penalty of up to 360 daily rates, unless the act committed by such person is punishable under § 297 paragraph 1.
2) No person shall be punished in accordance with paragraph 1 if such person voluntarily effects that the act does not result in any investigations by the authorities.

§ 303^458
Negligent violation of personal liberty or of the immunity of the home
An official who grossly negligently (§ 6 paragraph 3) injures the rights of another person by unlawfully interfering with or taking away such other person’s personal liberty or by carrying out an unlawful search of such other person’s home shall be punished with imprisonment of up to three months or with a monetary penalty of up to 180 daily rates.

§ 304^459
Passive bribery
1) Any office holder or arbitrator who demands, accepts, or accepts the promise of a benefit for himself or a third party in return for any execution or omission of official duties in violation of such duties shall be punished with imprisonment of up to three years. Any person shall be punished likewise who, as an expert appointed by a court or another authority in relation to particular proceedings, demands, accepts, or accepts the promise of a benefit for himself or for a third party in return for providing a false finding or a false opinion.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of six months to five years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of one up to ten years.

§ 305^460
Acceptance of benefits
1) An office holder or arbitrator who demands a benefit for himself or a third party, accepts or accepts the promise of an undue benefit (paragraph 3) in return for any execution or omission of official duties in line with such duties shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
3) The following shall not be deemed undue benefits:
1. benefits the acceptance of which is permitted by the law or that are provided as part of events in which there is an official or objectively justified interest to attend,
2. benefits for common-benefit purposes if the office holder or arbitrator has no decisive influence on their use, as well as
3. failing any provisions permitting the acceptance of benefits as defined by sub-paragraph 1, local or customary courtesies of small value, unless the act is committed on a commercial basis.

§ 306^461
Acceptance of benefits for the purpose of influencing
1) An office holder or arbitrator who, other than in the cases set out in § 304 and § 305, demands a benefit for himself or for a third party, accepts or accepts the promise of an undue benefit (§ 305 paragraph 3) and does so with the intent that this has an influence on his capacity as an office holder shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
3) Any person who accepts or accepts the promise of only a minor benefit shall not be punished in accordance with paragraph 1 unless the act is committed on a commercial basis.

§ 307^463
Active bribery
1) Any person who offers, promises, or provides to an office holder or arbitrator a benefit to be granted to such office holder or arbitrator or to a third party in return for any execution or omission of official duties in violation of such duties shall be punished with imprisonment of up to three years. Any person shall be punished likewise who offers, promises, or provides to an expert (§ 304 paragraph 1) a benefit for such expert or a third party in return for the provision of a false finding or a false opinion.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of six months to five years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of one to ten years.

§ 307a^464
Giving of benefits
1) Any person who offers, promises, or provides to an office holder or arbitrator an undue benefit (§ 305 paragraph 3) for such officer holder, such arbitrator or a third party in return for any execution or omission of official duties in line with such duties shall be punished with imprisonment of up to two years.

2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.

§ 307b^465
Giving of benefits for the purpose of influencing
1) Any person who, other than in the cases set out in § 307 and
§ 307a, offers, promises, or provides to an office holder or an arbitrator an undue benefit (§ 305 paragraph 3) for such officer holder, such arbitrator or a third party and does so with the intent to influence him in his activity as an office holder shall be punished with imprisonment of up to two years.
2) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.

§ 308^466
Prohibited intervention
1) Any person who demands, accepts, or accepts the promise of a benefit for himself or for a third party in return for exerting undue influence on the decision-making of an office holder or arbitrator shall be punished with imprisonment of up to two years.
2) Any person shall be punished likewise who offers, promises, or provides a benefit to another person so that such other person exerts undue influence on the decision-making of an office holder or arbitrator.
3) Any person who commits the act in relation to a benefit value exceeding 5,000 francs shall be punished with imprisonment of up to three years; any person who commits the act in relation to a benefit value exceeding 75,000 francs shall be punished with imprisonment of six months to five years.
4) Exerting influence on the decision-making of an office holder or arbitrator shall be undue if it is directed at any execution or omission of official duties in violation of such duties or if it is associated with the offer, promise, or provision of an undue benefit (§ 305 paragraph 3) for the officer holder or arbitrator or for him to be given to a third party.
5) The perpetrator shall not be punished in accordance with the preceding paragraphs if the act carries a more severe penalty under a different provision.

§ 310
Violation of the duty to keep official secrets confidential
1) Any official or former official who discloses or exploits a secret that was entrusted or became accessible to him exclusively by virtue of his office and the disclosure or exploitation of which is
capable of violating public or legitimate private interests shall be punished with imprisonment of up to three years, unless the act carries a more severe penalty under a different provision.
2) If the perpetrator discloses an official secret which concerns facts that pose a threat to the Constitution (§ 252 paragraph 3), then the perpetrator shall be punished in accordance with paragraph 1 only if such perpetrator acts with the purpose of violating private interests or inflicting a disadvantage upon the Principality of Liechtenstein. The mistaken assumption of facts that pose a threat to the Constitution shall not absolve the perpetrator of punishment.

§ 311
False authentication and certification in office
An official who falsely authenticates a right, a legal relationship or a fact in a public document which such official is officially authorized to issue, or who falsely attaches to an object a public certification mark which such official is officially authorized to attach, and does so with the intent that the document be used in legal transactions to prove the right, the legal relationship or the fact, or that the object be used in legal transactions shall be punished with imprisonment of up to three years, unless the act carries a penalty under § 302.
of

§ 313
Offences while taking advantage of an official position
If an intentional act that otherwise likewise carries a penalty is committed by an official while taking advantage of an opportunity afforded by his official position, then the maximum penalty of imprisonment or monetary penalty provided for may be exceeded by half in respect of that official. However, the time-limited term of imprisonment may not exceed twenty years.

''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.