LIECHTENSTEIN Law and Practice Contributed by: Simon Ott, Andreas Vogel, Husmira Halis and Felix Bayer, Schurti Partners Attorneys at Law Ltd
Schurti Partners Attorneys at Law Ltd Zollstrasse 2 9490 Vaduz Liechtenstein Tel: +41 442 442000
Email: mail@schurtipartners.com Web: www.schurtipartners.com
1. Criminal Law 1.1 Criminal Offences
er. The Liechtenstein Criminal Code distinguishes between intentional acts and negligence. A person who is willing to complete the objective ele - ments of an offence is considered to be acting inten - tionally. In order to establish the intentional aspect/s of the crime, it is sufficient to show that the perpe - trator seriously considered the risk of committing the offence and accepted this risk. Increased degrees of intent are defined as knowledge ( Wissentlichkeit ) and purpose ( Absicht ). According to Liechtenstein crimi - nal law, it must be explicitly stated in the provision of the law if an offence requires an increased degree of intention (ie, knowledge or purpose). A person acts negligently if they disregard the care which they are obliged to take under the circumstanc - es and which they would also have been able to take according to their subjective abilities. Gross negli - gence is defined as a behaviour that would never be conducted by a diligent person in the same situation. Negligent conduct can only be punishable if explicitly stipulated in the Liechtenstein Criminal Code. Under Liechtenstein criminal law, a person can be convicted even if the attempted offence has not been completed. Further, Liechtenstein criminal law not only punishes the immediate perpetrator of the offence, but also every other person who directs another person to commit the offence or who otherwise contributes to the offence to be committed. 1.2 Burden of Proof Liechtenstein criminal law applies the principle in dubio pro reo. This means that an acquittal must always be granted if even one prerequisite of the offence remains
In Liechtenstein, offences are primarily governed by the provisions of the Liechtenstein Criminal Code ( Strafgesetzbuch – StGB). According to Liechtenstein criminal law, offences are classified as either felonies ( Verbrechen ) or misdemeanours ( Vergehen ). Felonies are defined as intentional acts that carry a penalty of imprisonment for life or more than three years. All other offences in the Liechtenstein Criminal Code are classified as misdemeanours (ie, offences that carry a penalty of up to three years of imprisonment or a monetary penalty). Additionally, the Liechtenstein administrative laws (eg, Due Diligence Act) stipulate penal provisions outside of the Liechtenstein Criminal Code. These offences stipulated in the administrative laws are classified as either misdemeanours or infringements ( Übertretung ). The latter are punishable with a fine. A criminal conviction under Liechtenstein criminal law requires that both the objective and subjective elements of an offence be met. The punishable act must therefore correspond in all its characteristics to a criminal provision laid down in written law. Objective elements of the offence relate to its external appearance. The objective elements of the offence include the person of the offender, the object of the act, the act, and (if required by the law) the success of the act. Subjective elements of the offence refer to circum - stances that lie in the mental sphere of the offend -
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