Criminal law in Liechtenstein

Liechtenstein criminal law follows the principle that conduct can be punished only when a law defined it as an offence before it occurred. Personal guilt matters: the law distinguishes intentional and negligent conduct and regulates attempts, participation, omission and self-defence. Offences are classified as crimes, misdemeanours or minor offences. The Criminal Code and special laws cover violence, sexual offences, theft and fraud, document offences, corruption, money laundering, narcotics, human trafficking, road offences and digital offences. The applicable penalty depends on the exact offence and any qualifying circumstances. A report can be made orally to the Landespolizei or in writing to the Staatsanwaltschaft by post or through a lawyer. The Landespolizei investigates on its own authority or after a report and follows directions from the Staatsanwaltschaft or a court. The Staatsanwaltschaft examines reports under the legality principle and may discontinue the matter or request an investigation or file an indictment. Searches, seizures and other coercive measures follow the requirements and court competences set by the Code of Criminal Procedure. In an emergency, call 117. Criminal proceedings generally move from preliminary inquiries to an investigation or indictment, then to a main hearing, judgment and possible appeals. The Fürstliches Landgericht may sit as a single judge, Criminal Court or Youth Court, depending on the case. Appeals and complaints go to the Obergericht, while the Oberster Gerichtshof is the highest court for the relevant legal remedy. An accused person benefits from the presumption of innocence, may choose a lawyer, inspect the files, submit evidence requests, obtain interpretation assistance and use available legal remedies. Defence is required in cases such as investigative detention or proceedings before the Criminal Court. Legal aid for defence can be granted when the person lacks the means and legal assistance is needed. Eligible cases may end through diversion instead of a full trial. Possible forms include payment of a sum of money, community service, a probation period with conditions or assistance, and an out-of-court victim-offender settlement. The available form depends on the offence and the procedural conditions. Sanctions include imprisonment from one day to twenty years or for life, and fines of at least two daily rates. A daily rate ranges from CHF 15 to CHF 5,000 and reflects the person's financial situation. One day of substitute imprisonment corresponds to two daily rates. Courts may also order confiscation, forfeiture or preventive measures. A prison sentence can be suspended conditionally where the statutory requirements are met. The Strafvollzugsgesetz governs detention in the Landesgefängnis, temporary release arrangements, preparation for release and conditional release; the Vollzugsgericht decides on conditional release. Victim support under the Opferhilfegesetz is available when an offence directly harms physical, sexual or psychological integrity. Certain relatives and directly affected helpers can also qualify. A report, identification of the offender or proof of intent is not required for access to victim support. The Opferhilfestelle, administratively connected with the Amt für Justiz but independent in its instructions, offers free, confidential advice and can provide anonymous contact. Support may include legal, psychological, social and medical assistance, immediate help and longer-term financial help. Compensation for material loss or non-material harm is subject to statutory conditions, and an application normally has to be made within five years. A victim may use a trusted person, seek protection from a personal meeting with the accused and receive psychosocial procedural support. Children under fourteen are not criminally liable. A person aged fourteen to seventeen is treated as a juvenile under the Jugendgerichtsgesetz, which focuses on education, protection and reintegration; adult criminal law applies only on a subsidiary basis. Juveniles are kept separate from adults, and education should continue during detention where possible. Court costs may be reduced when payment would endanger the juvenile's progress. Road offences are governed by the Road Traffic Act and related regulations. They include driving while unfit because of alcohol or drugs, driving without a licence, breaches of accident duties and dangerous traffic violations. Breath, blood or medical examinations may be ordered when there are signs of impairment, and refusing an examination is itself punishable. Criminal proceedings and administrative driving-licence measures are separate. Minor violations may qualify for an order fine or simplified procedure; a challenge leads to ordinary proceedings. Liechtenstein has no separate cybercrime code. The Criminal Code covers functions such as unlawful access to a computer system under section 118a, data damage under section 126a, disruption of system functioning under section 126b, misuse of computer programs or access data under section 126c, fraudulent misuse of data processing under section 148a and electronic pornography offences under section 218a. Cyberbullying or stalking can involve several offences depending on the conduct. Preserve messages, account details, files and timestamps, then report suitable cases to the Landespolizei or Staatsanwaltschaft; use the Digitaler Polizeiposten only for reports it accepts and call 117 in an emergency. Privately prosecuted offences require a Verfolgungsantrag to the Fürstliches Landgericht, generally within six weeks after learning of the offence and the offender. Court and procedural costs follow the Code of Criminal Procedure. Exact penalties, procedure length and deadlines depend on the alleged offence, evidence, procedural status and court decision. A private claim for compensation belongs primarily to civil law, although victim support and compensation within criminal proceedings may apply under separate statutory conditions.