''Title XI,105''

5) A ruling pursuant to Para (2) may be challenged by the accused

and by the public prosecutor by objection to the Court of Appeal to be

submitted within seven days from service. An objection by the accused

against the imposition of pre-trial detention will upon receipt trigger the

detention time-limit of one month (§ 132(2)(2)). A subsequent ruling of

the Court of Appeal to continue pre-trial detention will trigger the

detention time-limit of two months (§ 132(2)(3)). The time-limit shall

start running with the date of the decision. Para. (4) Items (1) to (5) shall

apply mutatis mutandis.

''§ 132a1''

1) The detention hearing shall be led by the investigating judge; it

shall be a hearing in chambers. The public prosecutor, the legal

representative, the defence counsel, and the probation officer shall be

summoned to the hearing; the accused shall be informed of the appointed

date and time.

2) The accused shall be brought before the court for the hearing,

unless this is impossible due to an illness. He must be represented by a

defence counsel.
3) First, the public prosecutor shall present his application to

continue pre-trial detention and the grounds for it. The accused, his

defence counsel, and his legal representative shall have the right to reply.

The probation officer may comment on the question of detention. The

parties may request supplementary findings from the files. The

investigating judge may examine witnesses or take other evidence ex

officio or upon suggestion by the parties as far as he considers this to be

expedient; the parties shall have the right to ask questions. The

achievement of the investigation's purposes must not be endangered by

the hearing. The accused or his defence counsel shall have the right of

last statement. The investigating judge shall then decide on the

discontinuation or continuation of pre-trial detention by way of a ruling;

the latter shall be announced orally and be issued in writing. § 130(4)

Items (1) to (5) and (8) shall apply mutatis mutandis.

4) A ruling pursuant to Para. (3) may be appealed by the accused and

by the public prosecutor by objection to the Court of Appeal, to be

submitted within three days from the announcement of the ruling

(§ 239). If the Court of Appeal decides that pre-trial detention is to be

continued, § 130(4) Items (1) to (5) shall apply mutatis mutandis.

1 § 132a inserted by LGBl. 2007 No. 292.

312.0 Code of Criminal Procedure (StPO)

110

III. Execution of pre-trial detention1

§ 1332

1) It shall be the exclusive purpose of pre-trial detention to counteract

the reason for detention (§ 131(2)).

2) Life in pre-trial detention shall be structured so to be as similar as

possible to general living conditions. Restrictions may be ordered or

imposed only as far as this is admissible by law and to achieve the

purpose of detention or to maintain security and order in the

Liechtenstein Prison.

3) In the execution of pre-trial detention, it shall be taken into

particular consideration that

1. accused persons are presumed to be innocent,

2. accused persons must have enough time to prepare their defence, and

3. the negative consequences of confinement be counteracted in a

suitable manner.

4) The execution or pre-trial detention shall be subject to the

provisions of the Enforcement of Sentences Act mutatis mutandis, as far

as these are consistent with the securing purpose of pre-trial detention,

unless the Code of Criminal Procedure specifically provides otherwise.

The execution of pre-trial detention shall not be postponed or

interrupted for the reason alone that there are grounds for the

postponement of a sentence because of unsuitability for execution.

5) The provisions on the execution of pre-trial detention shall also

apply to the execution of detention pursuant to §§ 127 and 129.

§ 1343

1) Pre-trial detainees shall not be housed together with penal

detainees. During outdoor exercise, work, religious service, events, and

health care, however, such separation may be dispensed with, as far as

separation is not possible in the facilities available.

1 Heading before § 133 amended by LGBl. 2007 No. 296.

2 § 133 amended by LGBl. 2007 No. 296.

3 § 134 amended by LGBl. 2007 No. 296.

Code of Criminal Procedure (StPO) 312.0

111

2) As far as is necessary to achieve the purposes of detention, pre-trial

detainees who are suspect of participation in the same offence shall be

housed in such a way that they cannot have contact with each other. As

long as the investigating judge has not yet rendered a decision on this,

such pre-trial detainees shall be housed separately in any case.

3) Female pre-trial detainees shall be housed separately from male

pre-trial detainees in any case.

§ 166

1) If the accused is already in detention, the bill of indictment shall be

served upon him within 24 hours; but if his arrest is ordered on the basis

of the bill of indictment, it shall be served upon him together with the

warrant.1

2) The arrested shall have a time-limit of 14 days to submit a protest;

in the last case of Para. (1), this time-limit shall start running from the

time at which the court was notified of the arrest. The arrested may put

the protest on record orally or in writing with the investigating judge.2

3) If the bill of indictment is served upon the accused's defence

counsel at the accused's request, the time-limit to submit the objection

shall start running from the time of service upon the defence counsel.

4) If the accused remains at liberty, the bill of indictment shall be

served upon him with the instruction that he has the right to submit a

protest against it within 14 days to the investigating judge orally or in

writing, and that he will require a defence counsel for the trial.3

Title XV

Resorts to higher courts

I. Appeal

§ 218

1) Every judgment rendered by the Criminal Tribunal shall be subject

to appeal (Berufung) to the Court of Appeal unless the right to such appeal

has been waived.1