The Development of the Criminal Procedure in the Principality of Liechtenstein

The legal system of Liechtenstein had long been influenced by the neighbouring states and often borrowed their legal institutions. As in most continental European legal orders, the criminal procedure of Liechtenstein, historically evolving, developed from the adversarial to the inquisitorial type, and then to the mixed one. Its development is close to the one in the neighbouring Germany, Switzerland and Austria. Liechtenstein has a fairly conservative criminal procedure, not subject to rapid and frequent changes. The Criminal Procedure Codes of 1913 and 1988 are quite close in content. Thus, both codes provide for the participation in the proceedings of an investigating judge, an independent official belonging to the judiciary and conducting a preliminary investigation in a criminal case. However, this judge performs neither the function of defence, nor the function of prosecution. Despite the discussions, during the development and adoption of the current Criminal Procedure Code, this traditional institution was preserved. The considered features of the Liechtenstein criminal procedure allow concluding that it is very close to Austrian and Swiss, taking into account the abolition of investigating judges (except in military and juvenile proceedings) in Switzerland in 2011. An important step towards the development of international cooperation between Russia and Liechtenstein on criminal proceedings (extradition, obtaining evidence, execution of requests for legal assistance, etc.) could be the conclusion of an international treaty on this issue (in the absence of this, these states rely on the principle of reciprocity).

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