LIECHTENSTEIN Trends and Developments Contributed by: Stefan Wenaweser and Julia Köpf, Marxer Attorneys
without conducting ordinary proceedings. Such an order may also include rulings on confiscation, forfei - ture or similar measures. In minor and straightforward cases, proceedings are typically handled in writing. More complex cases are dealt with in ordinary pro - ceedings, which are also generally conducted in writing but allow for oral hearings at first instance. Authorities may require the accused to submit a writ - ten statement by a specified deadline, appear for questioning, or attend an oral hearing. The final deci - sion is issued in writing as a penalty decision. Until now, the rules on administrative offences and their procedures were contained within the Law of Administrative Procedure (LVG). The government identified administrative criminal procedure as the area of the LVG most in need of reform. Instead of a complete overhaul of the LVG, it opted for a focused project, creating the VStG as a modern procedural law. With this law, Liechtenstein has established a uni - form set of rules for administrative offences and the procedures governing their prosecution. The new Act preserves established instruments for administrative criminal proceedings, while also incorporating new means based on case law and practice. Separating general administrative procedural law from admin - istrative criminal law is also intended to simplify the application of the law. Parties and authorities according to the VStG Under the VStG, the parties to proceedings are: • the accused; and • other natural and legal persons whose rights or obligations are affected by the decision or order – these persons enjoy the same procedural rights as the accused, unless the nature of the case requires otherwise. For the purposes of the VStG, the following bodies qualify as authorities when acting as law enforcement agencies in administrative criminal proceedings: • the government, including its subordinate offices and special commissions; • the competent bodies established under municipal law; and
• independent public-law corporations, institutions, and foundations. Who can be held responsible? Unless an administrative regulation requires intent, negligent conduct is sufficient to establish the criminal liability of an individual. Legal entities, such as companies, foundations, and associations, can also be held liable, with responsibil - ity attaching to their governing bodies or managers. Sanctions remain enforceable even after legal suc - cession. A new chapter of the VStG specifically addresses the liability of legal entities. It draws partly on the Austrian Association Liability Act (VbVG) and partly on the pro - visions of the Liechtenstein Criminal Code and Crimi - nal Procedure Code. Accordingly, the VStG applies mutatis mutandis to proceedings involving legal enti - ties, unless a rule applies exclusively to individuals. Sanctions and legal consequences imposed on the legal entity itself cannot be redirected to individual decision-makers or employees. For the purposes of the VStG, legal entities are: • entities entered in the commercial register, as well as those without a registered office, place of busi - ness, or branch in Liechtenstein, if they would oth - erwise require registration under Liechtenstein law; • foundations and associations not registered in the commercial register, as well as those without a registered office, place of business, or branch in Liechtenstein; and • public-law corporations and institutions. Managers of a legal entity along with employees sus - pected of committing the administrative offence must be summoned and questioned as accused persons. Types of sanctions Administrative offences are punishable by a fine of at least CHF15. Unless a specific penalty is prescribed, the maximum fine is CHF1,000. In cases of negli - gence, the maximum penalty is reduced by half, again unless otherwise provided.
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