Criminal Procedure Code at Liechtenstein
Criminal Procedure Code of Liechtenstein
Overview:
The Criminal Procedure Code (CPC) of Liechtenstein governs how criminal cases are investigated, prosecuted, tried, and adjudicated. Its purpose is to ensure fairness, legality, and protection of fundamental rights while enabling law enforcement and the judiciary to maintain public order and prosecute offenses effectively. The CPC applies to all persons accused of crimes within the territory of Liechtenstein.
1. General Principles (Articles 1–20)
Key points:
Establishes the fundamental principles of criminal procedure:
Presumption of innocence: every accused person is considered innocent until proven guilty.
Right to a fair trial, including the right to legal counsel.
Proportionality in measures applied by authorities.
Specifies that all procedures must comply with Liechtenstein law and constitutional guarantees.
Why it matters:
Provides the foundation of fairness and legality, ensuring that all subsequent procedural rules respect human rights.
2. Investigation Procedures (Articles 21–80)
Key points:
Defines police and prosecutorial powers during criminal investigations:
Initiation of an investigation upon suspicion of a crime.
Collection of evidence, including witness statements, documents, and forensic data.
Restrictions on searches, seizures, and surveillance to protect individual rights.
Investigators may detain suspects temporarily under strict conditions, subject to judicial oversight.
Prosecutors supervise investigations to ensure legality and efficiency.
Why it matters:
Ensures that evidence is collected legally and that suspects’ rights are protected during investigations.
3. Arrest and Detention (Articles 81–120)
Key points:
Establishes rules for arrest, detention, and pre-trial custody:
Arrests require reasonable suspicion and must be documented.
Pre-trial detention is permissible only under certain conditions, e.g., risk of flight, danger to public safety, or risk of evidence destruction.
Judicial review of detention must occur promptly to prevent arbitrary confinement.
Detainees must be informed of the reason for their detention and have access to counsel.
Why it matters:
Protects individuals from unlawful detention and ensures judicial oversight.
4. Prosecution and Charges (Articles 121–180)
Key points:
The Public Prosecutor’s Office is responsible for:
Reviewing investigation results.
Deciding whether to press formal charges.
Initiating criminal proceedings in court.
Charges must be clearly specified, detailing the alleged offense and relevant circumstances.
Victims of crimes may be informed and participate in certain proceedings, such as restitution claims.
Why it matters:
Ensures clarity and fairness in the prosecution process and gives victims a voice in proceedings.
5. Trial Procedures (Articles 181–250)
Key points:
Defines how criminal trials are conducted in courts:
Public hearings unless privacy or safety requires closure.
Presentation of evidence, cross-examination of witnesses, and arguments by defense and prosecution.
Rights of the accused to speak in their defense and present evidence.
Courts may order expert evaluations or additional investigations if necessary.
Judges must render reasoned decisions, which can be appealed.
Why it matters:
Ensures that trials are transparent, fair, and evidence-based, respecting the accused’s procedural rights.
6. Appeals and Review (Articles 251–300)
Key points:
Allows the accused, defense, or prosecution to appeal decisions to higher courts.
Appeals may be based on:
Procedural errors.
Misapplication of law.
Incorrect evaluation of evidence.
Courts of appeal review both factual and legal issues, depending on the type of appeal.
Why it matters:
Provides a mechanism for correcting errors, safeguarding the integrity of the justice system.
7. Enforcement of Sentences (Articles 301–350)
Key points:
Rules for implementation of criminal penalties:
Imprisonment: conditions, duration, and release procedures.
Fines and other financial penalties.
Probation, community service, and other alternative sanctions.
Supervisory authorities ensure that sentences are enforced legally and humanely.
Why it matters:
Ensures that justice is effectively carried out while respecting human dignity.
8. Special Procedures (Articles 351–400)
Key points:
Includes procedures for juvenile offenders, expedited trials, and minor offenses.
Juvenile proceedings emphasize rehabilitation and social reintegration rather than punishment.
Simplified procedures may apply to minor infractions, ensuring efficiency in the justice system.
Why it matters:
Addresses diverse circumstances in criminal justice, balancing efficiency with fairness.
✅ Summary of Key Rule Areas
| Section | What It Regulates | Core Purpose |
|---|---|---|
| 1–20 | General principles | Fair trial, presumption of innocence, legal foundation |
| 21–80 | Investigation | Evidence collection, rights of suspects |
| 81–120 | Arrest & detention | Conditions and judicial oversight of confinement |
| 121–180 | Prosecution | Pressing charges and informing victims |
| 181–250 | Trial procedures | Conducting fair and transparent trials |
| 251–300 | Appeals | Correcting errors and legal review |
| 301–350 | Enforcement of sentences | Implementing penalties lawfully |
| 351–400 | Special procedures | Juvenile cases and minor offenses |
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