Criminal responsibility of legal persons

Liechtenstein

Liechtenstein - Criminal Code 1987 (2021) EN

§ 27
Loss of office and other legal consequences of conviction
1) An official sentenced by a domestic court to imprisonment of more than one year for one or more intentionally committed offences shall lose his office.
2) Where a law provides that a criminal conviction has a legal consequence other than the legal consequence referred to in paragraph 1, the legal consequence, unless otherwise stipulated, shall end after five years, to the extent it does not consist in the loss of special rights resulting from an election, award, or appointment. The time period shall commence as soon as the sentence has been enforced and preventive measures have been executed or have ceased; if the sentence was served only by taking into account provisional detention, the time period shall commence once the judgement becomes final.

§ 74a^104
Liability
1) To the extent they are not acting in enforcement of the laws, legal persons shall be liable for any misdemeanours and crimes committed by managers unlawfully and culpably in their capacity in the performance of business activities and within the framework of the purpose of the legal person (underlying acts).
2) Legal persons shall mean
1. legal persons entered in the commercial register as well as legal persons which neither have their domicile nor a place of operation or establishment in Liechtenstein, insofar as these would have to be entered in the commercial register under domestic law, and
2. foundations and associations not entered in the commercial register as well as foundations and associations which neither have their domicile nor a place of operation or establishment in Liechtenstein.105
3) Managing staff shall mean any person
1. authorized to represent the legal person in external relations,
2. who performs control powers in a leading capacity, or
3. otherwise exerts significant influence over the business management of the legal person.
4) Where the underlying acts have been committed by employees of the legal person, even though not culpably, the legal person shall be liable only if the commission of the act was made possible or was significantly facilitated by the failure of managing staff, as defined by paragraph 3, to take the necessary and reasonable measures to prevent such underlying acts.
5) The liability of the legal person for the underlying act and the criminal liability of the managing staff or employees for the same act shall not be exclusive of each other.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.