''Title IV, § 95a''

1) A body search, i.e. a body cavity search, the taking of a blood

sample, and any other infringement of the physical integrity of a person

shall be admissible where2

1. it must be assumed as a result of certain facts that a person has left

traces the securing and investigation of which is essential for

clarifying an offence,3

2. it must be assumed as a result of certain facts that a person is

concealing items within his body that are subject to seizure, or4

3. facts that are of crucial for the investigation of an offence or for

assessing mental soundness cannot be ascertained in any other way.5

2) A body search in terms of Para. (1) Item (1) shall also be admissible

against persons who belong to a group of persons that can be

individualized by certain characteristics, and where it must be assumed as

a result of certain facts that the perpetrator is within that group of

persons and the investigation of a crime would otherwise be rendered

substantially more difficult.6

3) A body search shall be ordered by the investigating judge on

application of the Prosecution Service. The National Police may carry

out a cheek swab sample on their own initiative unless it is to be taken

for the reasons mentioned in Para. (2) or an order from the court would

be required under the Treaty between the Principality of Liechtenstein

and the Swiss Confederation on Cooperation concerning the Swiss

Information Systems for Fingerprints and DNA Profiles.7

4) Surgical interventions and all interventions that might cause a

health disorder of more than three days' duration shall be inadmissible.

Other interventions may be carried out if the person to be examined has

given his express consent, having received detailed information on the

1 § 95(5) amended by LGBl. 2012 No. 26.

2 § 95a(1) introductory sentence inserted by LGBl. 2012 No. 26.

3 § 95a(1)(1) inserted by LGBl. 2012 No. 26.

4 § 95a(1)(2) amended by LGBl. 2012 No. 266.

5 § 95a(1)(3) inserted by LGBl. 2012 No. 26.

6 § 95a(2) inserted by LGBl. 2012 No. 26.

7 § 95a(3) inserted by LGBl. 2012 No. 26.

312.0 Code of Criminal Procedure (StPO)

76

possible consequences. The taking of a blood sample or a similarly

minor intervention in which the occurrence of other than minor

consequences is excluded may be carried out without the consent of the

person concerned if

1. the person is suspect of having committed an offence against life or

limb by performing a dangerous activity under the influence of

alcohol or any other intoxicating substance, or

2. the physical examination of the accused is required to investigate an

offence subject to a penalty of more than five years of imprisonment

or a crime pursuant to Title 10 of the Criminal Code.1

5) Any physical examination shall be carried out by a doctor;

however, a cheek swab sample may also be taken by any other person

specifically trained for this purpose. Furthermore, the provisions of

§§ 93(1), 94(2), 95(1), (3), and (5) on searches shall apply mutatis

mutandis.2

6) On penalty of voidness, the results of a physical examination may

only be used as evidence where

1. the requirements for a physical examination were met,

2. the physical examination was lawfully ordered, and

3. such use serves to prove an offence for which the physical

examination was or could have been ordered.
7) The results of a physical examination which was carried out for

other reasons than criminal proceedings may be used as evidence in

criminal proceedings only where this is required to prove an offence for

which the physical examination could have been ordered.

''Title IV, § 95b5''

1) For the purpose of investigating an offence, it shall be admissible to

examine biological traces on the one hand and material that pertains or

probably pertains to a specific person on the other by methods of

molecular genetics in order to associate the trace with a person or to

1 § 95a(4) inserted by LGBl. 2012 No. 26.

2 § 95a(5) amended by LGBl. 2012 No. 266.

3 § 95a(6) inserted by LGBl. 2012 No. 26.

4 § 95a(7) inserted by LGBl. 2012 No. 26.

5 § 95b inserted by LGBl. 2012 No. 26.

Code of Criminal Procedure (StPO) 312.0

77

determine the identity or ancestry of a person, and to match the data

with the results of molecular genetic examinations that were obtained on

the basis of other legal provisions.

2) A molecular genetic examination, i.e. the determination of those

parts in a person's DNA that serve identification, shall require an order

from the investigating judge unless it is merely a biological trace at the

scene of the offence or a sample taken from a person in a non-invasive

manner (§ 95a(3) last sentence); the National Police may have these

examined on their own initiative.

3) A Liechtenstein or foreign forensic institution or laboratory shall

be commissioned with molecular genetic examination. The material to

be examined shall be delivered to such institution or laboratory in

anonymised form. It shall generally be ensured that data from molecular

genetic examinations can be associated with a specific person only as far

as this is necessary for the purpose of the examination (Para. (1) and (4)).

4) Sample material that pertains or probably pertains to a specific

person and the results of the examination may be used and processed

only as long as a match with the trace or the determination of identity or

ancestry is not impossible; it shall then be destroyed. Other legal

provisions, in particular those of the Police Act, and special rules based

on international treaties shall remain unaffected.

5) Data obtained on the basis of this provision shall be transferred to

the National Police at the latter's request as far as the recording and

processing of such data would be admissible under other rules.