LIECHTENSTEIN Law and Practice Contributed by: Matthias Niedermüller, Alexander Milionis and Fabian Rischka, Niedermüller Attorneys-at-Law
1. Fraud Claims 1.1 General Characteristics of Fraud Claims Despite fraud also being highly relevant in civil law matters, civil law in Liechtenstein does not provide a legal definition of fraud. Instead, only the Criminal Code ( Strafgesetzbuch ) provides for a legal definition of fraud. Therefore, to assess whether certain acts by a person can be consid - ered fraudulent misbehaviour, one must refer to the legal definition of fraud as set out in Section 146 of the Criminal Code. Criminal Fraud Criminal fraud requires the fulfilment of several elements that must be met cumulatively with intent, as follows: • the offender deceives another person regard - ing facts; • the other person is misled and deceived; • the deceit results in actions that cause dam - age to the deceived persons; and • finally, the offender has the intention to enrich themselves or a third party unjustly through the actions of the deceived. Attempted fraud is also a punishable act (Sec - tion 15 of the Criminal Code). The Criminal Code provides for increased pun - ishment in more serious cases of fraud. Depend - ing on the amount of the economic damage, the offender can be punished with a prison sentence of up to ten years. Selected Other Offences False statement A false statement made before court by a wit - ness or a party under oath can be punished with
a prison sentence of up to five years (Section 288 of the Criminal Code). Corruption, bribery, and related offences In cases where a public official or an arbitra - tor is either claiming, taking or being promised an advantage in return for the performance or omission of an official act in breach of duty, they can be punished with a prison sentence of up to ten years. The same applies to an official expert for producing an incorrect expert report (Sec - tion 304 of the Criminal Code) (passive bribery). Additionally, Section 304 of the Criminal Code punishes cases of receiving advantages without breach of duty of the recipient. Thus, offering, promising or granting a public official or an arbitrator an advantage for oneself or a third party for carrying out or failing to carry out an official act in breach of duty is punishable with a prison sentence of up to ten years. The same applies to an official expert for producing an incorrect expert report (Section 307 of the Criminal Code) (active bribery). Section 304 of the Criminal Code also punishes cases of offer - ing or granting advantages without breach of duty of the recipient. Furthermore, under the Criminal Code, an employee or agent of a company claiming, tak - ing or being promised an advantage in return for the performance or omission of a legal act in breach of duty can be punished with a prison sentence of up to five years (Section 309 of the Criminal Code) (passive private bribery). Conspiracy Liechtenstein law does not recognise the offence of conspiracy in a similar manner to common law countries. Rather, conspiracy in Liechtenstein refers to conspiring by two or more offenders in order to conduct specific severe felonies (eg,
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