Detention

Liechtenstein

Liechtenstein - Criminal Procedure Code 1988 (2017) EN

''Title XI, § 1304''

1) Every arrested person shall be examined by the investigating judge

forthwith, but no later than within 48 hours from receipt of the

application to impose pre-trial detention. At the beginning of the

examination, the investigating judge shall inform the arrested of the

charges raised against him and point out to him that he is free to

comment or not to comment on the matter and to consult a defence

counsel beforehand. It shall be pointed out to the accused that his

testimony may serve his defence but may also be used as evidence against

him.

2) Following the examination, the investigating judge shall

immediately issue a ruling as to whether the accused be released -

possibly subject to the application of less severe measures (§ 131(5)) - or

1 § 129(2) amended by LGBl. 2007 No. 292.

2 § 129(3) amended by LGBl. 2012 No. 26.

3 § 129(4) inserted by LGBl. 2007 No. 292.

4 § 130 amended by LGBl. 2007 No. 292.

312.0 Code of Criminal Procedure (StPO)

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whether he be taken into pre-trial detention. However, the investigating

judge may carry out or have carried out immediate inquiries before his

decision if it is to be expected that their result will have crucial influence

on the assessment of the suspicion and the reasons for arrest. In any

event, the investigating judge shall decide on pre-trial detention within 48

hours from the time the accused is handed over.

3) The investigating judge's ruling plus grounds shall immediately

communicated to the accused; this shall be noted in the record. A ruling

for the accused's release shall be served upon the public prosecutor

within 24 hours; any probation officer who may have been appointed

shall also be provided with a copy. If the ruling is for pre-trial detention,

service upon the accused within 24 hours shall be effected; copies shall be

sent forthwith to the Liechtenstein Prison and to any probation officer

who may have been appointed. The accused cannot validly waive

service.

4) The ruling for pre-trial detention shall state the following:

1. the name and additional personal information of the accused,

2. the offence of which the accused is strongly suspect, the time, place,

and circumstances of its commission, and its legal designation,

3. the reason for arrest,

4. the specific facts on which the strong suspicion and the reason for

arrest are based, and the reasons as a result of which the purpose of

detention cannot be achieved by using less severe measures,

5. the information until what date the ruling for detention will be

effective at the latest, and that a detention hearing will take place

before any continuation of detention unless any of the cases

mentioned in § 132(3), (4), or (6) occurs,

6. the information that the accused may notify a relative or another

person of confidence of the imposition of pre-trial detention or have

him notified,

7. the information that the accused must be represented by a defence

counsel as long as he is in pre-trial detention,

8. the information that the accused has the option to appeal by

objection to be submitted the Court of Appeal within seven days

from service of the ruling, and that he may apply for his release at any

time.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.