II. Specific provisions

E. Enforcement of sentences of imprisonment in Liechtenstein

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 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute