CHAPTER IV
General Rights and Obligations of Liechtenstein Citizens

Article 27bis

1) Human dignity shall be respected and protected.

2) No one may be subjected to inhuman or degrading treatment or punishment.

CHAPTER IV
General Rights and Obligations of Liechtenstein Citizens

Article 32

2) Except in the cases specified by law and in the manner prescribed by law, no person may be arrested or kept in custody, no houses, persons, letters or documents may be searched, and no letters or documents may be seized.

CHAPTER IV
General Rights and Obligations of Liechtenstein Citizens

Article 33

1) Nobody may be deprived of his ordinary Judge; special courts may not be instituted.

2) Penalties may only be threatened or imposed in accordance with the law.

3) An accused person shall be guaranteed the right of defence in all criminal matters.

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 18
Questioning of suspects pursuant to requests from the International Criminal Court

(1) Persons questioned pursuant to a request from the International Criminal Court on suspicion of having committed a crime within its jurisdiction shall, prior thereto, be informed of the crime they are suspected of and of their right to:

(a) remain silent without having to fear that such silence will be taken into consideration in the determination of their guilt or innocence;

(b) be represented by the counsel of their choice, and, where they have no counsel, to be assigned counsel pursuant to paragraph 26(2) of the Code of Criminal Procedure;

(c) be questioned in the presence of counsel, unless they waive this right expressly and voluntarily.

(2) Such reference to their rights and the corresponding statement by the persons to be questioned shall be noted in the record. Where the conditions of paragraph 26(2) are fulfilled and the person demands to be questioned in the presence of counsel, the suspect shall be assigned counsel even without applying for one, and shall not have to bear counsel’s costs.

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 20
Disclosure and transmission of photocopies and information

(6) Prior to being questioned on the basis of a request for judicial assistance from the International Criminal Court, a person shall be informed of his or her right to refuse to answer in order to prevent the disclosure of confidential information relating to national security. This shall be noted in the record. The admissibility of the request for judicial assistance in such cases shall be decided upon in the light of paragraphs 2 to 4 above.

''General provisions, § 2a1''

It shall not be permissible to induce persons to undertake, continue,

or complete an offence or to have secretly appointed persons entice a

confession.

''General provisions, § 3''

All authorities involved in the criminal proceedings shall consider the

circumstances that incriminate and that defend the accused with the same

care, and they shall be required to inform the accused of his rights, even

where not expressly stipulated to do so.

''Title III, § 22''

2) The Prosecution Service shall notify persons who have already

been interrogated as suspects of a punishable act (§ 23(3)) or who,

according to the content of the case files, have otherwise gained

knowledge of the suspicion against them, as well as any victims and civil

claimants, that the provisional inquiries have been discontinued.

''VIII. Information provided to the suspect 1, § 22k''

1) Where one proceeds pursuant to this Title, the suspect shall be

informed in detail about his legal situation, in particular about the

requirements for withdrawal from prosecution pursuant to this Title,

about the requirement of his consent, about his option to demand the

initiation or continuation of the proceedings, and about the other

circumstances that may cause the initiation or continuation of the

proceedings (§ 22h(2)), as well as on the necessity of a lump-sum

contribution to the costs (§ 305a).2

''Title IV, The accused, the defence, and jointly liable persons, I. The accused and the defence counsel 2 § 23''

1) Anyone who is suspect of a punishable act may be regarded as an

accused (Beschuldigter) only after an indictment or a request for

prosecution has been issued against him or after an application to initiate

the investigation has been submitted. Until such date, he shall be

regarded as a suspect (Verdächtiger).

2) A defendant (Angeklagter) shall be a person against whom a trial

has been ordered for crime or misdemeanour.

3) As far as the provisions of this Act do not appear to be limited to the

investigation by their nature, they shall also apply to the defendant and to

anyone who is examined as a suspect of a punishable act or is summoned as

such for examination or against whom coercion is applied (§ 9(4)).3

4) The accused shall be notified as soon as a judicial provisional

inquiry (Vorerhebung) is conducted against him or an investigation

(Untersuchung) has been initiated against him. The notification shall

contain the subject of the charge and instructions on the essential rights

in the proceedings. Notification may be postponed as long as it would

endanger the purpose of the provisional inquiry or of the investigation.4

1 Heading before § 23 amended by LGBl. 2012 No. 26.

2 Heading before § 23 inserted by LGBl. 2012 No. 26.

3 § 23(3) amended by LGBl. 2012 No. 26.

4 § 23(4) inserted by LGBl. 2007 No. 292.

312.0 Code of Criminal Procedure (StPO)

34

§ 23a1

1) An accused who is unable to sufficiently communicate in the

language of the proceedings shall be entitled to translation assistance.

This shall be provided by providing an interpreter as far as this is

necessary in the interests of the administration of justice, in particular to

preserve the rights of defence of the accused. This shall apply in

particular to the instruction on rights (§ 23(4)), to acts of taking evidence

in which the accused takes part, and to hearings. At the accused's

request, he shall be provided with translation assistance also for his

contact with a defence counsel provided to him or during the

announcement of an application, an order, or a judicial ruling. The

accused shall be given translation assistance for the inspection of the files

only if he has no defence counsel and if it is unacceptable for the accused

for special reasons to ensure himself the translation of the relevant parts

of the files of which he has received copies.

2) If the accused is deaf or mute, an interpreter for sign language shall

be brought in if the accused is able to communicate in this language.

Otherwise, it shall be attempted to communicate with the accused in

writing or in any other suitable manner in which the accused is able to

make himself understood.

''Title IV, § 30''

1) Even during the investigation, the accused may hire a defence counsel

to safeguard his rights considering judicial acts that directly concern the

ascertainment of the facts and do not permit repetition later, and to elaborate

certain appeals lodged by the accused.

''Title VII, § 69''

2) If in the course of an inspection a person is examined in the process

of reconstructing the probable events of the offence at the scene of the

offence and an audio or video recording is made of such examination

(reconstruction of the offence), the public prosecutor, the accused, the

victim, the civil claimant, and their representatives shall be given the

opportunity to take part. They shall have the right to ask questions and

to demand supplementary investigations and statements.

''§ 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.

''III. Execution of pre-trial detention''

§ 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.

§ 177

As soon as the indictment has been issued / become final and any

supplementations to the investigation have been carried out (§ 174(2)),

the investigating judge shall submit the criminal files to the competent

presiding judge at the utmost speed for inspection and for the

appointment of the trial.

§ 179

The prosecutor, the accused - under threat of the consequences of

default - and his defence counsel, and the witnesses and expert witnesses

whose examination has been applied for by the parties and who the

presiding judge has determined to have to appear shall be summoned to

the hearing. The civil claimant shall be summoned with the addition that

the hearing will take place even if he fails to appear, and that in this case

his applications will be read from the files.

§ 181a2

1) The public may only be excluded from a trial for reasons of

decency and public order. The tribunal shall order such exclusion ex

officio or on application of the prosecutor or the defendant, doing so by

way of a ruling following discussion and deliberation in chambers. The

ruling with grounds shall be announced in a public hearing and shall be

documented in the record of the hearing. There shall be no separate

resort to a higher court against this ruling.

2) Before discussing circumstances from the personal sphere or from

the sphere of secrecy of the defendant, any witness, or any third party, or

before examining a witness whose personal information is to remain

undisclosed (§ 119a), the tribunal shall exclude the public ex officio or on

application if legitimate interests prevail. Any such ruling shall be subject

to Para. (1) mutatis mutandis as to all other aspects.

§ 214

1) Immediately after the judgment has been rendered, it shall be

announced by the presiding judge in the public hearing before the

assembled court in the presence of the parties, giving a brief summary of

the rationales and referring to the provisions of the law that have been

applied; and the defendant shall be instructed on his rights to appeal.

2) It shall be pointed out in such instruction that the appeal must be

lodged either orally on the court record or by written submission (§ 222).

This instruction shall be documented in the trial record.

3) If an incorrect time-limit for appeal has been stated and if this is

longer than the legal one, the time-limit shall be considered complied

with during such longer term; if a shorter term has been stated, the legal

time-limit for lodging the appeal shall apply; if there has not been an

instruction on the lodging of appeal, the term for lodging an appeal could

not start running at all.

4) If the instruction stated not the competent court but another court

or another office to be the correct addressee for lodging an appeal, the

time-limit for lodging an appeal shall be considered complied with even

if the appeal has been lodged with such incorrect office. However, the

incorrect office shall forward the lodging of the appeal to the competent

court ex officio.

5) If the tribunal finds itself unable to proceed with the rendering and

announcement of the judgement immediately after the end of the trial,

the presiding judge shall announce the date and time of such

announcement of the judgment.

§ 272

An offender convicted in a final way may demand the reopening of

proceedings even if the penalty has been executed:

1. if it is demonstrated that his conviction has been effected through the

forging of a document or through false testimony or through bribery

or through any other punishable act of a third party;

2. if he provides new facts or evidence which alone or in connection

with the evidence ascertained earlier seem suitable to justify the

acquittal of the accused or his conviction for an act subsumed under a

less severe provision of the Criminal Code, or if

3. two or more persons have been convicted by different decisions for

the same offence and a comparison of these decisions and their 312.0 Code of Criminal Procedure (StPO)

§ 299

The failure of a defendant to appear must not delay the proceedings

against his attending co-defendants. If in such cases items that may serve

the defendant's conviction are returned to their owners, it may be

imposed on them to bring these items of evidence back before the court

on request. At the same time, an exact description of the returned items

shall be put on record.