LIECHTENSTEIN Law and Practice Contributed by: Simon Ott, Andreas Vogel, Husmira Halis and Felix Bayer, Schurti Partners Attorneys at Law Ltd
1.4 Extraterritorial Reach and Cross-Border Co-Operation In principle, Liechtenstein criminal law applies only to acts that have been committed in Liechtenstein. Therefore, the Liechtenstein criminal law provisions do not have extraterritorial effect. Nevertheless, the Liechtenstein Criminal Code stipulates that its criminal laws shall apply to acts that have been committed on a Liechtenstein ship or aircraft, irrespective of where the ship or aircraft is located. The same holds true for certain offences that are subject to the jurisdiction of Liechtenstein, regardless of the fact that they have been committed abroad. These exceptions, inter alia, include offences committed against Liechtenstein (eg, corruption and terrorism), but also economic offenc - es such as industrial violation of business or trade secrets, industrial espionage, or counterfeiting. Liechtenstein cannot enforce its authority abroad and is therefore heavily dependent on international co- operation in order to conduct criminal proceedings. In Liechtenstein, international mutual legal assistance in criminal matters is primarily governed by applicable international and bilateral treaties. Liechtenstein is a member of various international treaties with respect to mutual legal assistance and cross-border co-oper - ation, in particular (but not limited to): • the European Convention on Mutual Assistance in Criminal Matters; • the European Convention on Extradition (including its additional protocol dated 15 October 1975); and • the European Convention on the Transfer of Pro - ceedings in Criminal Matters. Additionally, Liechtenstein has concluded various bilateral treaties in criminal matters with other coun - tries, such as Austria, Belgium, Switzerland, the USA, and Germany. In the absence of a treaty or in the case of a legal loophole in the existing treaties, the prerequisites that must be met in order to grant mutual legal assistance in criminal matters are set forth in the Liechtenstein Mutual Legal Assistance in Criminal Matters Act ( Rechtshilfegesetz – RHG).
doubtful. The Prosecution Service will not indict the suspected person if it concludes that the probability of a conviction is less than 50%. In order to issue a guilty verdict, the court must be convinced of the criminal liability of the accused with the highest level of proof
(ie, beyond reasonable doubt). 1.3 Statute of Limitations
The limitation periods for offences under Liechtenstein criminal law depend on the respective maximum sen - tence that can be imposed on the perpetrator. The prosecution of offences in Liechtenstein is statute- barred as follows. • No limitation for criminal liability for offences with a sentence of 10–20 years of imprisonment or with a life sentence, as well as for offences such as geno - cide, crimes against humanity, and war crimes. • The limitation for criminal liability is 20 years for offences which are not (alternatively) punishable with a life-time sentence, but only with a sentence of more than ten years of imprisonment. • The limitation for criminal liability is ten years for offences with a sentence of more than five years and at most ten years of imprisonment. • The limitation for criminal liability is five years for offences with a sentence of more than one year and, at most, five years of imprisonment. • The limitation for criminal liability is three years for offences with a sentence of more than six months and at most one year of imprisonment. • The limitation for criminal liability is one year for offences with a sentence of not more than six months, or a monetary penalty. The Statute of Limitations commences upon comple - tion of the punishable act or when the illegal conduct has ceased. The Statute of Limitations is extended if the perpetrator commits another punishable act based on the same harmful inclination during the limi - tation period of the initial offence. Under these circum - stances, the Statute of Limitations for both offences will not lapse until the limitation of the later punishable act has lapsed. Further, the limitation period can be suspended under certain circumstances (eg, during pending criminal proceedings).
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