Liechtenstein

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Background

Liechtenstein is a microstate located in Central Europe, bordered by Austria and Switzerland. It is a constitutional monarchy with their Prince serving as the Chief of State and the Prime Minister as the Head of Government. Since abolishing its standing army, Liechtenstein has relied on Switzerland for national defense since 1868.

The Legal system

Liechtenstein follows a civil law system derived from statute. Its legal system is heavily influenced by Austrian law, Swiss law also provides a framework for certain legal areas such as property, company, and administrative law. Judicial decisions do not serve as binding precedent, which is typical in civil law traditions, though they may be referenced as justification for decisions. The court system is made up of three instances: beginning with the first instance District Court, the second being the Superior Court, and the final instance Supreme Court. In exceptional cases, there is a fourth instance, the Constitutional Court. Criminal trials may involve a single judge or, for more serious offenses, have a panel of five, three being lay assessors.

Legal Aid

Liechtenstein provides generous legal aid to all natural persons. Aid may be used to cover all or partial legal fees, including court fees and attorney compensation, which is paid according to a statutory schedule. It is granted if there is a reasonable case or controversy at issue and a financial need. Due to the country’s affluence and the comprehensive legal aid provided by the government, pro bono work is rare and not required of the 261 registered attorneys in the country. There are no prominent NGOs that provide financial support or free legal services. There are 261 total attorneys in the country, a specific breakdown of the area of practice is unknown.

Source of Defendants Rights

National Sources of Defendant’s rights: Defendant’s rights are rooted in the Constitution of Liechtenstein. Articles 33 and 34 lay out the criminal procedure in the country.

International Sources of defendant’s rights:
International frameworks are also used to ensure justice, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR).

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures: The accused have a right against unlawful arrests, searches, and seizures; they must be informed immediately of the charges against them and of their rights. Arrest warrants are issued by the national court. Within 48 hours of arrest, the suspect must be brought before the magistrate who must decide to file formal charges or order a release.

Right Against Unlawful Detention: a. Unlawful detention is not permitted, pretrial detention is limited and is reviewed on regular intervals to ensure rights are not being abused. Pre-trial detention is initially 14 days and after review may be extended to one month and additionally to two months.

Right Not to be Tortured or Ill-Treated: a. While imprisoned, individuals are not to be tortured or treated poorly, which is strictly enforced under the Police Act and explicitly prohibited. There are currently no reports of government officials employing these practices in Liechtenstein.

Right to Medical Care: Medical care is guaranteed under law for all those detained in Liechtenstein under the Enforcement of Sentences Act.

Right to be Informed of Charges: Defendants must be informed of the charges against them and their rights at the time of arrest.

Right to Presumption of Innocence: The Liechtenstein Constitution affords a presumption of innocence to all defendants until proven guilty.

Right Against Self-Incrimination: Defendants have the right to remain silent and are not compelled to testify against themselves.

Right to Counsel and Effective Assistance: a. Legal aid is state-administered and allows individuals to have access to competent counsel if they are unable to afford an attorney themselves and are also entitled to free language interpretation.

Right to Present a Defense: Petitioners are allowed to formulate a defense with access to evidence and may bring in witness testimony to corroborate their argument.

Right to Due Process: Due process is a constitutional right, there are safeguards in place to ensure that proper procedure is being followed.

Right to Equal Protection of the Laws: The Constitution guarantees equal treatment of all citizen.

Right to Bail: The Criminal Procedure Code provides for bail under certain conditions, including the possibility of arrest if the accused attempts to flee release.

Right Against Ex Post Facto Prosecution: The Constitution prohibits retroactive criminal laws.

Right Against Double Jeopardy: The legal system upholds the principle that no one shall be tried or punished again for an offense for which they have already been fully convicted or acquitted.

Right to a Fair Trial:

• Generally: Defendants have the right to a fair trial that is prompt and impartial.
• Right to a Trial by Jury: Liechtenstein does not have a jury system; instead, a judge or panel of judges adjudicates cases.
• Right to a Speedy Trial: Trial should be conducted without undue delay.
• Right to an Impartial Judge: Judges must be impartial.

Right to Language Interpretation: Language interpretation may be offered for free through the appeals process.

Right to Habeas Corpus: Individuals have a right to challenge the legality of their detention.

Capital Punishment: The death penalty was abolished in Liechtenstein in 1989.

Right to Appeal: Appeals may be made on procedural, factual, and legal grounds.

Rights of Counsel

A. Right to Provide Representation: Legal counsel has a right to provide representation to the accused.

B. Right of Access to the Client: Attorneys are guaranteed access to their client.

C. Right to Information: Attorneys have a right to access information necessary for their defense.

D. Right to Confidential Communication with the Client: Information between attorney and client is considered privileged and is protected under civil and criminal codes.

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Exclusion of unlawfully obtained evidence.

Nullity of Procedure:

Procedural errors can lead to the nullification of proceedings.

Motions:

Defendants can file motions to challenge aspects of the prosecution’s case.

Contempt proceedings: Individuals may be held in contempt for actions that disrespect the court or obstruct justice.

Civil Actions: Civil law claims of the injured party may be addressed during criminal proceedings unless further elaboration requires referral to civil litigation

Pre-Trial Procedure

Police procedures

Complaint: The Office of the Public Prosecutor us ex officio responsible for investigating and prosecuting all criminal offences of which it gains knowledge

Arrest, Search and Seizure Laws:

a. Stop and Frisks: Police must inform the suspect of the charges they face and their rights upon arrest; communication is immediate.
b. Arrests: Arrest warrants are issued by the national court.
c. Pre-trial detention: Initially 14 days and may be extended upon review.
d. Searches: Conducted based on a judicial warrant, which must be served upon the person concerned either immediately or within the 24 hours.
e. Enforcing the Rules (Exclusionary Rule, Nullity and other procedures to protect against illegal police procedures): Evidence obtained unlawfully must be excluded.

Interrogation:

a. Before Formal Charge in Court: Suspects have the right to remain silent and the right to legal counsel at all stages.
b. After Defendant is Formally Charged: The same rights apply, ensuring protection against self-incrimination.
c. Enforcement: Procedures are in place to protect against illegal interrogation

Court Procedures

Pre-Trial:

A. Initial Court Appearance: Police must bring the arrested person in front of the magistrate within 48 hours for formal charges or release to be determined.
B. Charging Instrument: The prosecutor must submit a formal bill of indictment to the criminal tribunal.
C. Preliminary Hearing: There is no formal pre-trial that occurs other than what has been mentioned above in terms of arrest and detention.
D. Pre-Trial Motions: Defendants can file motions to challenge aspects of the prosecution’s case.
E. Discovery: Investigating judge shall, at the accused request, permit him to inspect and make copies of the files of the criminal proceedings.
There is no formal pretrial discovery or hearing process beyond arrest-related procedures. Police must inform suspects immediately of the charges and their rights upon arrest, including the right to counsel and the right to remain silent. Use of force is regulated by law, with firearms being permitted under strict conditions. Pre-trial detention is limited, initially 14 days, after review, it may be extended to one month, after more review it may be additionally extended to two months.

Trial:

A. Nature of the Trial: Generally public, except for some exceptions, including public morality, safety, or to protect sensitive personal or business information.
B. Defendant: Right to be present and participate in their defense.
C. Lawyers: Granted full access to client and relevant case files.
D. Expert Witnesses: Liechtenstein permits expert evidence where specialized knowledge is needed.
E. Judges: Appointed to their position and serve as sole factfinder in most cases since there is no jury.
F. Victims: Referred to as “injured parties,” can participate in criminal proceedings to an extent.

a. Right to be Heard: Can provide testimony, file civil claims for damages within the criminal trial, and request to be informed of developments in the case.
b. Right to Protection: Protective measures are offered to vulnerable victims, including minors and those impacted by sexual violence or domestic abuse.
c. Legal Representation: Allowed counsel when they are seeking damages.
d. Confidentiality: Proceedings may be closed to the public to ensure victim privacy.
e. Restitution and Compensation: Have the choice to be compensated through the criminal court as a joined civil claim or file a separate civil suit.

Sentencing: Sentencing is determined by the judge following conviction. There is no jury, so the Penal Code is used to determine applicable penalties; including: fines, suspended sentences, community service, and imprisonment. Factors that are considered are the gravity of the offense, the circumstances of the defendant, and any mitigating or aggravating elements.

Appeals:
A. Right to Counsel: Retain access to counsel during the appellate process.

a. Grounds for Appeal: Procedural errors, incorrect application of substantive law, errors of fact, contradictions between findings and court files, nullity, ineffective assistance of counsel.
b. Collateral Remedies (Habeas): Judicial review is a pillar of the law in Liechtenstein.

Appeals can be filed on procedural, factual, and legal grounds, with the possibility of escalation to the Supreme Court

Rights in Prison

Right to Humane Conditions of Confinement: a. Facilities must uphold basic living standards. b. Overcrowding is not a concern due to the country’s small population. c. Liechtenstein operates a single short-term detention facility with a 20-bed capacity.

Immigrant’s Rights in Detention: Immigrants are entitled to the same protections under Liechtenstein’s law and the ECHR.

Right to Medical Care in Prison: Inmates are guaranteed access to physical health services under Article 125(5) of the Enforcement of Sentences Act.

Right to Mental Health Care: Mental health services are required by law, although the scale of provision may be limited due to facility size.

Restriction of rights: Restrictions of prisoners’ rights must be proportionate, lawful, and serve a legitimate correctional purpose

Rights of Special Populations:

• Women: Have a separate section in the prison, comprising of just four beds
• Juveniles: Typically detained in Austria; creating issues related to distance from family and social support.

Resources

- “Liechtenstein.” Encyclopaedia Britannica, https://www.britannica.com/place/Liechtenstein

- Legalink. “Liechtenstein Anticorruption Laws.” 2013, https://legalink.net/.../Liechtenstein_Anticorruption_Laws_LEGALINK2013

- U.S. Department of State. “Liechtenstein Human Rights Report.” https://www.state.gov/.../Liechtenstein-1.pdf

- Pro Bono Institute. “Pro Bono in Liechtenstein.” https://www.probonoinst.org/.../liechtenstein.pdf

- Financial Market Authority Liechtenstein. “Attorneys at Law.” https://finance.li/en/attorneys-at-law/

- “Liechtenstein 2011 Constitution.” Constitution Project, https://www.constituteproject.org/.../Liechtenstein_2011

- Liechtenstein Government. “CAT Submission Document.” https://www.llv.li/.../pdf-llv-aaa-folter-cat3_engl.pdf

- Policing Law: Liechtenstein. https://www.policinglaw.info/country/liechtenstein

- UNHCR Refworld. “Liechtenstein 2017 Human Rights Report.” https://www.refworld.org/reference/annualreport/usdos/2017/en/116375

- Enforcement of Sentences Act, Art. 125(5).

- U.S. Department of State. “Liechtenstein 2017 Human Rights Report.” https://www.state.gov/reports/.../liechtenstein/

- Liechtenstein Criminal Procedure Code 1987 (as amended 2017). https://legislationline.org/sites/default/files/documents/10/Liechtenstein_Criminal_Procedure_Code_1987_am2017_en.pdf

- Global Legal Insights. https://www.globallegalinsights.com/.../liechtenstein

- Chambers Practice Guides. https://practiceguides.chambers.com/.../litigation-2025

- https://legislationline.org/sites/default/files/documents/10/Liechtenstein_Criminal_Procedure_Code_1987_am2017_en.pdf

- U.S. Department of State, Human Rights Practices Report 2022. https://www.state.gov/.../liechtenstein/