Procedure for witness testimony - national proceedings

Liechtenstein

Liechtenstein - Criminal Procedure Code 1988 (2017) EN

''Title VII, § 81''

1) The post-mortem examination and autopsy shall be carried out by

one, if necessary by two doctors (§ 71).

2) The doctor who treated the deceased for the illness possibly

preceding his death shall be asked to be present during the autopsy if this

may contribute to clarifying the facts and may happen without delay.

312.0 Code of Criminal Procedure (StPO)

''Title VII, § 87''

1) If doubts arise as to whether the accused is of sound mind or

whether he suffers from a mental disorder as a result of which he might

not be criminally responsible, the examination by two doctors of the

accused's state of mind and emotional state shall be effected at any time.

2) These doctors shall report on the result of their observations,

summarize all facts influencing the assessment of the accused's state of

mind and emotional state, examine them by significance both

individually and by interaction; and if they consider the accused to suffer

from a mental illness, they shall determine the nature of the illness, its

type and degree, and to discuss according to the files and according to

their own observations the influence which the illness exerted and still

exerts on the imagination, drives, and acts of the accused, and whether

and in what amount such clouded state of mind existed at the time of the

offence committed.

''Title IV. Examination of handwriting, § 88''

If doubts arise as to the authenticity of a document or if it is to be

determined whose hand produced a certain handwriting, a comparison

with documents that are authentic beyond any doubt may be carried out

by one or two expert witnesses.

''Title X, The examination of witnesses, § 1051''

1) As a rule, anyone summoned to appear as a witness shall be under

an obligation to comply and to testify on what he knows about the

subject of the investigation.

§ 196

1) In examining the witnesses and expert witnesses, the presiding

judge shall observe the rules laid down for investigating judges in the

investigation as far as these do not seem to be unworkable by their

nature during the trial. He shall ensure that a witness who has not yet

been examined is not present at all during the taking of evidence, and that

an expert witness who has not yet been examined is not present during

the examination of any other expert witnesses on the same subject

matter.

2) Witnesses whose testimonies differ from each other may be

confronted with each other by the presiding judge.

3) Witnesses and expert witnesses shall remain at the trial after their

examination until the presiding judge has dismissed them or has ordered

that they leave. The individual witnesses must not hold to task each

other on their testimonies.

4) After the examination of every single witness, expert witness, or

co-defendant, the defendant must be asked whether he wishes to counter

in any way the testimony that he has just heard.

Rome Statute

Article 69 Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.