I. General Provisions

Article 2
General principle
(1) The Liechtenstein authorities, in particular the courts, the public prosecutor, custodial authorities and security authorities have an obligation to cooperate fully with the International Criminal Court and the International Tribunals.

(2) The obligation in paragraph 1 above shall consist in particular:

(a) pursuant to this law and in accordance with the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for enforcement of sentences, and enforcing fines and forfeitures;

(3) Unless stipulated otherwise in this law, the law on judicial assistance and the 1975 Code of Criminal Procedure shall apply.

I. General Provisions

Article 7
Surrender of Liechtenstein nationals

Nothing precludes the surrender of Liechtenstein nationals to the International Criminal Court or an International Tribunal or their transit or transport or surrender to another State for the enforcement of a sentence passed by the International Criminal Court or an International Tribunal.

II. Specific Provisions

E. Enforcement of sentences of imprisonment in Liechtenstein

Article 34
General provisions

(1) The Principality of Liechtenstein may agree to enforce a sentence of imprisonment passed by the International Criminal Court or an International Tribunal, if the sentenced person:

(a) is a Liechtenstein national; or

(b) usually resides in Liechtenstein.

(2) The sentences of imprisonment passed by the International Criminal Court or International Tribunal shall be enforced directly. Sentences passed by the Court or a Tribunal may not be modified. In the light of instructions from the Court or Tribunal, enforcement shall be subject to the relevant provisions of Liechtenstein law on the understanding that the conditions of detention correspond to those of persons convicted of similar crimes in Liechtenstein.

(3) The enforcement of sentences of imprisonment passed by the International Criminal Court shall be subject to the supervision of the Court. At the request of the International Criminal Court or International Tribunal, its members shall be granted access to prisons.

(4) Should a person serving a sentence of imprisonment passed by the International Criminal Court in Liechtenstein be eligible under Liechtenstein law for more lenient treatment involving unguarded work outside the prison, the International Criminal Court shall be informed thereof before such work is allowed. Its opinion shall be taken into consideration in the decision.

(5) Sentenced persons within the meaning of this section are to be granted unimpeded and confidential written communication with the International Criminal Court or International Tribunal.


Article 35
Procedure for acceptance of enforcement of sentence

(1) Should the International Criminal Court or International Tribunal decide that a convicted person shall serve his or her sentence of imprisonment in Liechtenstein and seek transfer of the convicted person for the enforcement of his or her sentence, the sentence of imprisonment is to be served in Liechtenstein once the request has been accepted by the Ministry of Justice.

(2) The Ministry of Justice may only refuse to accept a person as referred to in paragraph 1 above for the enforcement of a sentence of imprisonment if it would give rise to unacceptable consequences for the security and public order of the Principality of Liechtenstein. The decision of the Ministry of Justice is not open to appeal.

(3) The decision by the Ministry of Justice shall be transmitted to the International Criminal Court or International Tribunal with a request to suggest a time and place for the transfer of the sentenced person to the Liechtenstein authorities. The Liechtenstein authorities involved in the transfer of convicted persons shall seek to comply with the wishes of the organs of the International Criminal Court or International Tribunal and of foreign authorities.

(4) Should the sentenced person escape from prison before the expiry of the sentence, the princely court (Article 38 of the law on enforcement of sentences) shall issue a warrant of arrest and initiate a search. Should the person sought subsequently be arrested abroad, the princely court shall, even without an application from the public prosecutor, seek extradition custody pursuant to Article 69 of the law on judicial assistance and transmit the documents required under Article 68 of the said law to the Ministry of Justice. The Ministry of Justice shall seek extradition if the requested State does not approve surrender without an extradition procedure, and the International Criminal Court or International Tribunal has not decided otherwise.

(5) The time spent in custody in the requested State or at the International Criminal Court or International Tribunal shall be deducted from the sentence to be served.

(6) Should persons who have escaped while serving a sentence passed by the International Criminal Court or International Tribunal be arrested in Liechtenstein, they shall be surrendered to the State ensuring the enforcement of their sentence according to the provisions which apply for the surrender of persons to the International Criminal Court or International Tribunal.


Article 36
Speciality of enforcement

(1) A convicted person transferred to Liechtenstein for the enforcement of a sentence passed by the International Criminal Court or International Tribunal may not be prosecuted, punished, detained or extradited to a third country on account of an act engaged in prior to the said transfer, which was not part of the judgement of the International Criminal Court or International Tribunal, without the consent of the Court or Tribunal.

(2) The speciality of enforcement shall not preclude such a measure if:

(a) following release from a sentence of imprisonment passed by the International Criminal Court, the person did not leave the territory of the Principality of Liechtenstein within 30 days, or following release from a sentence of imprisonment passed by an International Tribunal within 45 days, even though he or she was able and free to do so;

(b) the person leaves the territory of the Principality of Liechtenstein, by whatever means, and returns voluntarily or is returned legally from a third country; or

(c) the International Criminal Court or International Tribunal forgoes applying the rule of speciality.


Article 37
Reports about enforcement

At least once a year, and on completion of the sentence, the prison at which the convicted person is serving the sentence of imprisonment passed by the International Criminal Court or International Tribunal shall submit a conduct and health report to the Ministry of Justice. The Ministry of Justice is to be notified at once if the convicted person escapes before the expiry of the sentence or if enforcement is no longer possible for other reasons. The International Criminal Court or International Tribunal shall promptly be acquainted with such reports.


Article 38
Conditional release and pardon

(1) Decisions regarding conditional release, pardon or a reduction of sentence in respect of a person sentenced by the International Criminal Court shall be taken by the International Criminal Court; decisions regarding conditional release, pardon or a modification of sentence in respect of a person sentenced by an International Tribunal shall be taken by the President of the International Tribunal.

(2) Should the convicted person make an application for conditional release, pardon or a reduction of sentence, it shall be submitted to the Ministry of Justice for onward transmission to the International Criminal Court. The same shall apply mutatis mutandis for the onward transmission of applications for conditional release, pardon or a modification of sentence to the International Tribunal on the understanding that the Ministry of Justice shall accompany them with an indication of the time requirements under paragraph 46 of the Criminal Code.

(3) The International Criminal Court or International Tribunal should be informed ex officio of any circumstances which are favourable for conditional release, pardon or a reduction or modification of sentence.


Article 39
Transfer of enforcement of sentences to another State

(1) At the request of another State, a sentence accepted for enforcement may be transferred to it, with the consent of the International Tribunal.

(2) Any request from the International Criminal Court or International Tribunal for the surrender of a sentenced person to another State for the continuation of the enforcement of a sentence shall be promptly complied with.

(3) Should a sentenced person ask to serve his or her sentence of imprisonment in another State, the request should be forwarded to the International Criminal Court or International Tribunal.


Article 40
Termination of sentences of imprisonment

(1) Should the International Criminal Court or International Tribunal indicate that the enforcement of a sentence of imprisonment should be terminated, the sentenced person shall be released promptly, or be transferred to the authority responsible for the enforcement of foreign orders, unless Liechtenstein criminal proceedings or extradition proceedings are underway, or grounds exist to initiate such proceedings.

(2) Prosecution, punishment or extradition on account of an act engaged in prior to the acceptance of the enforcement of sentences may only proceed consistent with Article 36 above.


Article 41
Costs of enforcement of sentences

(1) The ordinary costs of enforcement of sentences shall be borne by the Principality of Liechtenstein.

(2) Other costs, including the cost of surrender of the sentenced person from or to the Court or from one State of enforcement to another and the cost of expert opinions or reports requested by the International Criminal Court shall be borne by the latter.


Article 42
Enforcement of sentences of imprisonment for offences against the administration of justice

Having regard to the enforcement of sentences of imprisonment passed by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Rome Statute, this law, with the exception of the provisions in Articles 34(1) and (5), 34(1) to (5), and 41 above, shall not apply. The procedure shall comply with paragraphs 65 to 67 of the law on judicial assistance.


F. Acceptance of enforcement of fines, forfeiture measures, and orders for reparations or the return of property


Article 43
Acceptance of enforcement of fines and forfeiture measures of the International Criminal Court

(1) Requests from the International Criminal Court for the enforcement of orders involving fines or forfeiture measures shall be complied with if it is likely the fine can be collected in Liechtenstein or if the objects or assets referred to in the order are to be found in Liechtenstein. Prior to approving such enforcement, the person ordered to pay the fine and persons claiming rights to the objects or assets shall be heard. The sentenced person need not be heard where he or she cannot be reached.

(2) The decision on a request for enforcement of a fine or forfeiture measure shall be taken by the princely court in a court decision. The fine or forfeiture measure ordered by the International Criminal Court may not be modified. The court decision may be appealed against by the public prosecutor or the person concerned within 14 days before the Court of Appeal.

(3) A fine imposed by the International Criminal Court shall be enforced in Swiss francs. The official exchange rate as of the day of the International Criminal Court’s order shall be used should the amount of the fine to be enforced be stated in a currency other than Swiss francs.

(4) Any payment facilities granted by the International Criminal Court in respect of the date of payment of fines or their payment in instalments shall be taken into consideration.

(5) Should the enforcement of a fine imposed by the International Criminal Court prove to be partly or wholly impossible, the International Criminal Court shall be informed thereof.

(6) If the International Criminal Court cannot collect a fine but instead sentences the convicted person to imprisonment and requests the Principality of Liechtenstein to enforce the sentence, the provisions in Articles 34 to 41 above shall apply.

(7) Should the enforcement of a forfeiture measure ordered by the International Criminal Court prove impossible, the princely court shall decide on an alternative pecuniary sentence and take measures with a view to collecting amounts corresponding to the value of the assets or objects to be seized.

(8) The proceeds from the enforcement of fines and forfeiture measures are to be transferred to the International Criminal Court, subject to the provision in paragraph 9 below.

(9) Fines, objects and other assets may be retained in the Principality of Liechtenstein if:

(a) the injured person resides or usually lives in Liechtenstein and they are to be granted to him or her;

(b) an authority files a claim to them;

(c) a person not involved in the criminal offence claims rights thereto;

(d) they are required for legal proceedings in Liechtenstein.

(10) Should a person file a claim pursuant to paragraph 9 above, any consideration as to whether to grant the money or assets requires the consent of the International Criminal Court.

(11) The provisions of this section shall also apply to the enforcement of fines ordered by the International Criminal Court for offences against the administration of justice pursuant to article 70 of the Rome Statute.


Article 44
Acceptance of enforcement of orders for reparations or the return of property

(1) A request from the International Criminal Court for the enforcement of a binding order from the Court for reparations in the form of money shall be admissible if it is likely that it can be collected in Liechtenstein.

(2) Enforcement shall comply with Article 43 above.

(3) Enforceable orders of the International Criminal Court or an International Tribunal for the return of property or proceeds from criminal offences shall be regarded as determinations by foreign courts which fulfil the conditions in Article 52 of the execution order.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.