''Title IV.,§ 92''

1) A search of premises, i.e. a search of the residence or other

premises forming part of the household, shall be permissible if there is a

justified suspicion that a person suspected of a crime or misdemeanour

has concealed himself within it or that there are items or traces there

which may be of significance or are to be evaluated for the investigation.

2) A personal search, i.e. a search of the clothing of a person and the

items which the person has with him, shall be permissible if such person

has been arrested or caught in the act, is a suspect of an offence and it

must be assumed as a result of certain facts that the person has with him

or has traces on him of items which are subject to seizure, or if as a result

of an offence such person has suffered injuries or could have suffered

other physical changes the ascertainment of which is necessary for the

purposes of criminal proceedings.

''Title IV, § 921''

1) A search of premises, i.e. a search of the residence or other

premises forming part of the household, shall be permissible if there is a

justified suspicion that a person suspected of a crime or misdemeanour

has concealed himself within it or that there are items or traces there

which may be of significance or are to be evaluated for the investigation.

2) A personal search, i.e. a search of the clothing of a person and the

items which the person has with him, shall be permissible if such person

has been arrested or caught in the act, is a suspect of an offence and it

must be assumed as a result of certain facts that the person has with him

or has traces on him of items which are subject to seizure, or if as a result

of an offence such person has suffered injuries or could have suffered

other physical changes the ascertainment of which is necessary for the

purposes of criminal proceedings.

''Title IV, § 93'''

1) A search shall normally be carried out only after the prior

interrogation of the person with or concerning whom it is to take place

and only insofar as the interrogation has neither caused the voluntary

delivery of what is being sought nor the removal of the reasons causing

the search.

2) Such interrogation may be dispensed with in the case of persons of

infamous reputation or where there is imminent danger or where the

premises searched are open to the public.

3) Normally, the search may only be conducted on the basis of a

judicial warrant. Such warrant shall be served upon the person

concerned either immediately or within the next twenty-four hours.1

4) Searches of land, facilities, or containers that are not open to the

public and do not form part of the household (§ 92(1)) and personal

searches in terms of § 92(2) may be carried out by the National Police on

their own initiative.2

5) If however, the observation of the unclothed body of a person

turns out to be necessary, this shall be ordered by the court; but if there

is imminent danger, the National Police may carry out this kind of

search, too, without a warrant. Such a search must always be carried out

by a person of the same sex or by a doctor, the dignity of the person to

be searched being preserved.3

6) In no case may the victim be forced to be searched against his will.

''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.3

''Title IV, II. Seizure, § 96''

1) Where items are found that may be of importance for the

investigation or which are subject to confiscation or sequestration, these

shall be recorded in an inventory and put in judicial custody or judicial

safekeeping or seized (§ 60).1

1a) The seizure of items for reasons of evidence shall be inadmissible

and shall at any rate be lifted on request of the person concerned as far as

and as soon as the purpose as evidence can be fulfilled by image, audio,

or other recordings or by copies of written documentation or by

1 § 96(1) amended by LGBl. 2016 No. 162.

312.0 Code of Criminal Procedure (StPO)

78

electronically processed data and if it is not to be assumed that the items

themselves or the originals of the seized information will have to be

inspected during the trial. If applicable, seizure shall be limited to the

recordings and copies.1

2) Everybody shall be obliged (§ 9(4)) to hand over on request any

items that are to be seized - in particular including documents - or enable

seizure in another way. If the surrender of an item the possession of

which has been admitted or has been proven otherwise is refused and if

such surrender cannot be effected by way of a search of premises, the

holder may - unless he is himself a suspect of the offence or is privileged

from testifying - be caused to deliver the item by a coercive fine of up to

10,000 Swiss francs and, if refusal continues and the case is important, by

coercive imprisonment for up to six weeks (§ 9(5) and (6)).2

2a) Where information saved on data carriers is to be seized,

everybody must grant access to this information and on request hand

over an electronic data carrier in a commonly used file format or permit

such data carrier to be produced. Also, he shall suffer the making of a

backup copy of the information stored on the data carriers.3

3) Where the person obliged to hand over items or information is not

himself suspect of the offence, such person shall on request be

reimbursed for all reasonable costs that he necessarily incurred as a result

of the separation of documents or other items relevant as evidence from

others or as a result of the delivery of copies (photocopies, recordings).4

4) Seizure shall be discontinued as soon as its requirements cease to

exist. Such discontinuation shall happen by returning the seized items or

by destroying the recordings and copies.5

§ 96a

1) Even if there is no imminent danger (§ 10(1)), the National Police

shall be entitled to seize objects on their own initiative,6

1. if those objects7

a) are not subject to anyone's power of disposal,8

1 § 96(1a) inserted by LGBl. 2012 No. 26.

2 § 96(2) amended by LGBl. 2012 No. 26.

3 § 96(2a) inserted by LGBl. 2012 No. 26.

4 § 96(3) inserted by LGBl. 2003 No. 237.

5 § 96(4) inserted by LGBl. 2012 No. 26.

6 § 96a(1) introductory sentence inserted by LGBl. 2012 No. 26.

7 § 96a(1)(1) introductory sentence inserted by LGBl. 2012 No. 26.

8 § 96a(1)(1)(a) inserted by LGBl. 2012 No. 26.

Code of Criminal Procedure (StPO) 312.0

79

b) were taken from the injured party through the offence,1

c) were found at the scene of the offence and might have been used

to commit the offence or might have been intended for that

purpose, or2

d) are of little value or can easily be replaced on a temporary basis,3

2. if the possession of such objects is generally prohibited (§ 356a(1)),

or4

3. are found on a person arrested on the grounds of § 127(1)(1) or found

in a search the National Police are permitted to carry out on their

own accord (§ 93(4)).5

2) § 96 shall apply mutatis mutandis to the securing of such objects.6

§ 97

If objects are found during a search of premises or persons that

indicate the commission of a punishable act other than the act for which

the search was conducted, then such objects shall be seized if the act is

subject to prosecution ex officio; however, a separate record must be

compiled on such seizure and immediately communicated to the public

prosecutor. If the public prosecutor does not apply for the initiation of

criminal proceedings, the seized objects shall be returned immediately.

§ 97a

1) On application by the Prosecution Service, the court must give the

following orders in order to protect the forfeiture (§ 20 StGB) or

extended forfeiture (§ 20b StGB) if it is to be feared that collection would

otherwise be endangered or considerably impeded:7

1. the seizure, custody and administration of tangible movable items,

including the depositing of money,

1 § 96a(1)(1)(b) amended by LGBl. 2012 No. 266.

2 § 96a(1)(1)(c) inserted by LGBl. 2012 No. 26.

3 § 96a(1)(1)(d) inserted by LGBl. 2012 No. 26.

4 § 96a(1)(2) inserted by LGBl. 2012 No. 26.

5 § 96a(1)(3) amended by LGBl. 2012 No. 266.

6 § 96a(2) inserted by LGBl. 2012 No. 26.

7 § 97a(1) introductory sentence amended by LGBl. 2016 No. 162.

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80

2. the judicial prohibition of the alienation or pledging of tangible

movable items,

3. the judicial prohibition of the disposition of credit balances or other

assets,

4. the judicial prohibition of the alienation, encumbrance, or pledging of

real estate or rights registered in the Land Register.

As a result of to the prohibition in accordance with Item (3), the State

acquires a pledge with regard to the credit balances and other assets.1

2) The order may also be issued if the exact amount to be secured

pursuant to Para. (1) is not yet certain.2

3) The order may provide for a certain amount of money the

depositing of which will suspend the enforcement of the order. Once the

deposit has been made, the order shall be lifted in this respect at the

request of the party concerned. The amount of money shall be assessed

so that the presumable forfeiture or the presumable extended forfeiture is

covered.3

4) The court shall lay down a period of time not exceeding two years

for which the order given will be valid. On application, this time-limit

may be extended by a maximum of one year each.4

5) The order shall be lifted as soon as the circumstances under which

it has been given have lapsed, in particular also if it is to be assumed that

the forfeiture or extended forfeiture will not take place or if the period

determined in accordance with Para. (4) has expired.5

6) A ruling deciding on the order or its cancellation may be appealed

by objection to the Court of Appeal by the Prosecution Service, the

accused, and any persons otherwise concerned by its issuing (§ 354).6

1 § 97a(1) amended by LGBl. 2000 No. 257 and LGBl. 2003 No. 167.

2 § 97a(2) amended by LGBl. 1998 No. 174.

3 § 97a(3) amended by LGBl. 2016 No. 162.

4 § 97a(4) amended by LGBl. 2016 No. 162.

5 § 97a(5) amended by LGBl. 2016 No. 162.

6 § 97a(6) amended by LGBl. 1998 No. 174.

Code of Criminal Procedure (StPO) 312.0

81

''Title IV, IV. Seizure and opening of letters and other consignments, § 992''

If the accused is already serving a term of imprisonment of more than

one year due to a punishable act committed with intent, or if it has been

ordered that he be brought before the court or be arrested because of

such act, the investigating judge may seize telegrams, letters, or other

consignments sent by the accused or addressed to him and request that

they be handed over by the transportation company. Furthermore, these

companies shall at the request of the Prosecution Service be required to

hold back such consignments until a court order has arrived; but if such

an order is not issued by the investigating judge within three days, they

may no longer delay conveyance.

§ 100

1) The seized consignments may only be opened by the investigating

judge.

2) In the course of such opening - a record of which shall be made -

the seals must not be broken; envelopes and addresses shall be kept.

§ 101

The accused or, if he is absent, one of his relatives, shall be notified of

the seizure of consignments immediately or no later than within twentyfour

hours. If the consignments have been opened, originals or copies of

letters and telegrams shall - if there is no risk that communicating their

content will have a detrimental effect on the investigation - be

communicated in full or in part to the accused or to the person at whom

they were addressed. If the accused is absent, communication shall be to

one of his relatives. If the accused has no relatives, the letter shall be

returned to the sender if the judge considers this to be in the interest of

1 § 98a(4) amended by LGBl. 2013 No. 40.

2 § 99 amended by LGBl. 2012 No. 26.

312.0 Code of Criminal Procedure (StPO)

84

the sender; or if the letter or telegram must remain with the files, the

sender shall be notified of the fact that seizure has taken place.

§ 102

Seized consignments the opening of which has not been considered

necessary shall be handed over forthwith to the addressee or be returned

to the transportation company.