LIECHTENSTEIN Trends and Developments Contributed by: Stefan Wenaweser and Julia Köpf, Marxer Attorneys
Pending Amendments to the Criminal Code and the Criminal Procedure Code in Liechtenstein There are currently some proposed changes to the Criminal Code (StGB) and the Criminal Procedure Code (StPO) in Liechtenstein. For example, Section 165 of the Criminal Code, which regulates money laundering, is to be supplemented with a definition of the term “assets”, expressly including intangible assets. This amendment merely provides statutory clarification of what has already been recognised under established case law and prevailing legal doc - trine. An amendment to the Criminal Procedure Code is also intended, granting the Public Prosecutor’s Office the discretion, subject to certain legal conditions, to decide at the outset of preliminary proceedings not to pursue an existing suspicion. With respect to asset freezes, a statutory provision is planned to regulate the imposition of standardised costs – such as fees, expenses, and interest neces - sary to maintain business relations – as well as to allow the release of frozen assets for the payment of administrative expenses. Such measures would be ordered by the Court of Justice on a case-by-case basis upon application by the parties concerned. Furthermore, new investigation methods for optical and acoustic surveillance of persons are planned, which are intended to be particularly helpful in inves - tigations in the area of organised crime. In addition, a new Administrative Penal Act will come into force in Liechtenstein, which is described in more detail below. In Liechtenstein, administrative and criminal law often overlap, especially in financial market supervision and under the Due Diligence Act. Administrative offences typically concern breaches of reporting, documentation, or organisational duties. So, in practice, administrative sanctions are frequently limited to formal violations. However, drawing a pre - cise boundary between administrative criminal law and ordinary criminal law remains a persistent chal - lenge. The Financial Market Authority (FMA) has broad powers of oversight and sanctions. Breaches of reporting, documentation, or organisational obli - gations may be punished as administrative offences,
while there is also a duty to file a report if there is suspicion of conduct relevant under criminal law. If it is unclear whether a matter falls under administrative or criminal law, the Court of Justice decides. Overall, the two systems are complementary: together they safeguard the rule of law, stability, and the credibility of Liechtenstein’s financial centre. An Overview of the New Administrative Penal Act (VStG) Introduction On 1 January 2026, Liechtenstein’s new Adminis - trative Penal Act ( Verwaltungsstrafgesetz , VStG) will enter into force. From that date onward, penalties for administrative offences may only be imposed follow - ing proceedings conducted under the VStG. The new law applies exclusively to offences committed within Liechtenstein. An offence is deemed committed in Liechtenstein if the perpetrator acted or should have acted in the country, or if the result of the offence occurred in Liechtenstein. Importantly, an act – wheth - er by action or omission – can only be punished if it was already classified as an offence at the time it was committed. The VStG governs the initiation, conduct, and con - clusion of proceedings in administrative criminal mat - ters decided by first-instance authorities or on appeal. Such matters include all offences under administrative law that fall within the jurisdiction of an authority. It applies to all administrative penal proceedings unless explicitly overridden by special legislation. In general, administrative offences must be prosecut - ed ex officio. However, no prosecution may be initi - ated if no investigative steps have been taken within one year, unless longer limitation periods apply under special laws. This period begins when the unlawful conduct is completed or ceases; if the harmful result occurs later, the period starts from that date. The core of the new procedural law is the principle of summary proceedings. If another authority or court reports an administrative offence on the basis of its own official findings, or if the facts are already suf - ficiently established, the competent authority may impose a penalty directly by way of a penalty order ( “Strafverfügung” , formerly “ Verwaltungsstrafbot ”)
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