LIECHTENSTEIN Law and Practice Contributed by: Matthias Niedermüller, Alexander Milionis and Fabian Rischka, Niedermüller Attorneys-at-Law
2.7 Rules for Pleading Fraud Liechtenstein law does not have specific fraud- related claims. In cases of fraud, the claimant can opt to seek for damages (Section 1293 of the Civil Code), declare a contract null and void because it was concluded as a result of criminal fraud (Section 146 of the Criminal Code et al and Section 879 of the Civil Code), contest or revise a contract that has only been concluded because of trick - ery, lying or concealing (Section 877 of the Civil Code), or claim against unjust enrichment (Sec - tion 1431 of the Civil Code et al). In order to successfully assert damages, the claimant needs to present and specifically prove: • the unlawful conduct – a breach of trust or contract, deceit, or any infringement of a norm intended to protect legally acknowl - edged interests; • the damage inflicted, referring to positive damage caused to already-existing legal interests as well as the loss of future profits; • the causal connection between the fraud and the claimed damage; and • the personal fault of the defendant, which needs to be intentional conduct for fraud in general or must be minor or gross negligence in other circumstances. Protective norms are most provisions of the Criminal Code – in particular, those on fraud, breach of trust, or embezzlement, but also the provisions on money laundering. Thus, if these norms are violated (at least with negligence), the damaged person may successfully assert dam - ages. The calculation of damages depends on the level of faulty behaviour (intent or negligence). A find -
ing of intentional or grossly negligent conduct leads to compensation for damage and loss of profit. A finding of slight negligence leads only to compensation for damage. These provisions provide effective means to trace stolen funds and hold liable persons involved in the tracing chain, even without inten - tional actions and a conviction in criminal pro - ceedings. 2.8 Claims Against “Unknown” Fraudsters Under Liechtenstein law, a civil claim cannot be filed against unknown persons. The law requires a precise designation of the defendant. Conse - quently, one defendant must be identified as a pre-condition for legal action. Therefore, Liechtenstein law does not allow John Doe proceedings such as those that other jurisdictions may allow. In such cases, criminal investigations are the most effective and useful means of enabling a precise identification of the suspect and defendant, given that criminal pro - ceedings can also be initiated against unknown perpetrators. In the course of such investiga - tions, the suspect and perpetrator are identified by investigative measures and the victim may inspect the files of the criminal proceeding. 2.9 Compelling Witnesses to Give Evidence As opposed to parties, witnesses in a civil pro - ceeding can be compelled to appear before court and give evidence. Generally, a refusal by a witness to give evidence can lead to sanction of up to six weeks’ imprisonment. However, cer - tain persons are exempt from giving evidence, such as mediators or those civil servants who have not been released from their official secrecy obligations.
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