Mitigating factors - national proceedings

Liechtenstein

Liechtenstein - Criminal Code 1987 (2021) EN

§ 34
Special mitigating causes
1) It shall in particular be a mitigating cause if the perpetrator:
1. committed the act after reaching the age of eighteen, but before the age of twenty-one, or if he committed the act under the influence of an abnormal mental state, if he is of feeble mind, or if his upbringing was very much neglected;28
2. has so far led a normal life and the act is strikingly contrary to his conduct otherwise;
3. committed the act for commendable motives;
4. committed the act under the influence of a third party or due to fear or obedience;
5. made himself liable only because he failed to avert the result in a case where the law provides for a penalty for bringing about the result;
6. participated only in a subordinate manner in an offence committed by several persons;
7. committed the act only out of rashness;
8. committed the act only by letting himself be carried away by a generally understandable extreme emotion;
9. committed the act enticed more by an especially tempting opportunity rather than with prior purpose;
10. was caused to commit the act in light of a severe predicament not due to aversion to work;
11. committed the act under circumstances approaching exclusion of culpability or justification;
12. committed the act under a mistake of law not excluding culpability (§ 9), especially if he is being punished for intentional commission of the act;
13. did not bring about any damage, despite completion of the act, or if the act was only attempted;
14. voluntarily refrained from causing greater damage, although he would have had the opportunity to do so, or if the damage was rectified by the perpetrator or a third party on his behalf;
15. earnestly endeavoured to rectify the damage caused or to prevent other negative consequences;
16. turned himself in, although he easily could have escaped or it was probable that he would remain undiscovered;
17. made a remorseful confession or, though his statement, contributed substantially to establishing the truth;
18. committed the act already some time ago and has since shown good behaviour;
19. is affected by the fact that he or someone personally close to him has suffered a considerable bodily harm or damage to health or other grave actual or legal disadvantages due to the act or as a consequence thereof.29

§ 35
Intoxication
Where the perpetrator acted in a state of intoxication that does not exclude mental capacity, this shall be considered a mitigating cause only to the extent that the reduction of mental capacity caused
thereby is not offset by the accusation arising from the enjoyment or use of the intoxicant in light of the circumstances.

§ 39
Increase of penalty in the event of a repeat act33
1) If the perpetrator has already been sentenced twice to imprisonment for acts arising from the same harmful inclination, and he has served these sentences at least in part, even if only by counting provisional detention or the deprivation of liberty associated with the enforcement of a preventive measure, then, in the event he again commits an offence arising from the same harmful inclination after his eighteenth birthday, the maximum penalty of imprisonment or monetary penalty provided for may be exceeded by half. But the time-limited sentence of imprisonment may not exceed the duration of 20 years.

§ 41a^37
Extraordinary mitigation of penalty in case of cooperation with the law enforcement authorities
1) If the perpetrator of an act punishable under § 277, § 278,
§ 278a or § 278b or of a punishable act that is connected to such a conspiracy, group, or organization discloses to any law enforcement authority that he has knowledge of facts the disclosure of which significantly contributes to
1. the elimination or a significant reduction of the danger resulting from the conspiracy, group or organization,
2. helping to uncover such a punishable act beyond his own contribution to the act, or
3. tracing a person who has been involved in such a conspiracy in a leading capacity or has been active in such a group or organization in a leading capacity
a sentence below the legal minimum penalty may be imposed within the limits set by § 41, if this corresponds to the significance of the disclosed facts in proportion to the culpability of the perpetrator.
§ 41 paragraph 3 shall apply mutatis mutandis.
2) Paragraph 1 shall nevertheless apply to a perpetrator whose knowledge relates to punishable acts not governed by the criminal laws of Liechtenstein, provided that the provision of legal assistance would be permissible.

Rome Statute

Article 76 Sentencing

1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.

2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.

3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.

4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.