LIECHTENSTEIN Trends and Developments Contributed by: Stefan Wenaweser and Julia Köpf, Marxer Attorneys
Fines may only be enforced to the extent that they nei - ther endanger the essential livelihood of the offender or the persons they are legally obliged to support, nor interfere with their duty to compensate for damages caused. Provisional arrest is permitted solely to safeguard proceedings and only when the offender is caught in the act. Its purpose is to bring the person before the competent authority, for example, to attend a hear - ing, undergo questioning, provide evidence, or sub - mit to medical examination. Arrest must always be a measure of last resort, used only where less severe measures have failed, and may not exceed 24 hours. Grounds for arrest include establishing identity, risk of absconding, and risk of committing or continuing an offence. The possibility under the LVG to impose pre- trial detention in administrative criminal proceedings has been abandoned. As the VStG does not classify administrative offences as carrying custodial sentenc - es, imprisonment is not foreseen. Procedural safeguards A person is regarded as the accused from the moment the authorities take the first prosecutorial action against them until the conclusion of the administrative penalty proceedings. During this time, they have the right to legal counsel, to remain silent, and to access case files. Parties may inspect the files at the authority and either make copies on-site themselves or request copies or printouts at their own expense. Prosecutorial action covers any official act by an authority directed against a specific person as a defendant, such as summons, order to appear, inter - rogation, request for questioning, consultation, or penalty order. This applies even if the authority lacked competence, the measure failed to achieve its pur - pose, or the defendant was not aware of it. If the authority does not discontinue proceedings based on the report or the investigations conducted, it must give the accused the opportunity to justify them - selves. The authority may require the accused to sub - mit a written statement by a specified date, appear for questioning on a given date, or attend an oral hearing following a summons. In every instance, the accused
must be informed of their right to have legal counsel of their choice present during the questioning. Reasons for discontinuing the proceedings The authority has to refrain from initiating or continu - ing administrative criminal proceedings and order their discontinuation if: • the alleged act cannot be proven or does not con - stitute an administrative offence; • the accused did not commit the offence, or circum - stances exclude criminal liability; • administrative prosecution is legally precluded; • the protected legal interest and the degree of its impairment, as well as the fault of the accused, are minor; • prosecution is not possible; and • prosecution would involve costs disproportionate to the importance of the protected interest and the seriousness of the offence. Instead of discontinuing proceedings, the authority may issue a warning if the offence and the accused’s fault are considered minor. The warning highlights the unlawfulness of the conduct and serves as a preven - tive measure against similar future offences. Responses to minor offences The VStG introduces flexible mechanisms similar to diversion, such as: • discontinuation in cases of minor offences; • issuing a warning (see the final paragraph of “Rea - sons for discontinuing the proceedings” above); • counselling (“counselling instead of punishment”); and • the submission procedure, allowing the accused to admit the offence in exchange for a reduced penalty. These options provide practical tools for respond - ing appropriately to minor violations of administrative criminal law provisions. Appeals and legal remedies Appeals in administrative criminal proceedings are lodged with appeals commissions pursuant to Arti - cle 78 (3) of the Constitution of the Principality of
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