{"id":117802,"date":"2025-10-28T15:38:01","date_gmt":"2025-10-28T15:38:01","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=117802"},"modified":"2025-10-29T11:34:26","modified_gmt":"2025-10-29T11:34:26","slug":"liechtenstein-white-collar-crime","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/liechtenstein-white-collar-crime\/","title":{"rendered":"Liechtenstein: White Collar Crime"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-117802","comparative_guide","type-comparative_guide","status-publish","hentry","guides-white-collar-crime","jurisdictions-liechtenstein"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Marxer &amp; Partner Attorneys-at-Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Marxer_Partner.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Marxer &amp; Partner Attorneys-at-Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Marxer_Partner.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of White Collar Crime laws and regulations applicable in Liechtenstein<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key financial crime offences applicable to companies and their directors and officers? (E.g. Fraud, money laundering, false accounting, tax evasion, market abuse, corruption, sanctions.) Please explain the governing laws or regulations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The key financial crime offences are set out in the Liechtenstein Criminal Code (\u201cStGB\u201d, \u201cCC\u201d), including embezzlement (Section 133), fraud (Sections 146-151), breach of trust (Section 153), misuse of aid (Section 153a), defrauding of creditors (Section 156), detriment to third-party creditors (Section 157), favouring of a creditor (Section 158), grossly negligent interference with creditor interests (Section\u202f159), unlawful activities in insolvency proceedings (Section 160), frustration of execution (Sections 162 seq), money laundering (Section 165), bribery (Sections 304-309), among others.<\/p>\n<p>Tax-related offences such as tax evasion and tax fraud are addressed in the Value Added Tax Act (\u201cMWSTG\u201d), specifically in Sections 87 and 88.<\/p>\n<p>Under the EEA Market Abuse Regulation Implementation Act (\u201cEWR-MDG\u201d), insider dealing and unlawful disclosure of inside information (Section 6) as well as market manipulation (Section 7), are also punishable.<\/p>\n<p>In general, both individuals and companies may be held liable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can corporates be held criminally liable? If yes, how is this determined\/attributed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Criminal Code sets out corporate criminal liability in Sections 74a-74g without reference to specific offences. The law distinguishes between underlying acts committed by managers and those committed by ordinary employees. However, both the legal entity and the individual may be prosecuted and sentenced for the same offence.<\/p>\n<p>For these purposes, a \u201cmanager\u201d is defined as any person:<\/p>\n<ul>\n<li>authorized to represent the legal entity externally;<\/li>\n<li>exercising supervisory or control powers in a senior capacity, or<\/li>\n<li>otherwise exerting significant influence over the management of the legal entity.<\/li>\n<\/ul>\n<p>Accordingly, legal entities are liable for offences and crimes committed unlawfully and culpably by managers in the course of business activities and within the scope of the entity\u2019s purpose, unless such acts are carried out in enforcement of the law.<\/p>\n<p>The term \u201clegal persons\u201d covers entities registered in the commercial register, as well as entities without domicile, place of business, or establishment in Liechtenstein, insofar as they would otherwise be required to register under domestic law. It also includes foundations and associations not registered in the commercial register, as well as those without domicile, place of business, or establishment in Liechtenstein.<\/p>\n<p>Where underlying acts have been committed by employees, even though not necessarily culpably, the legal entity is liable only if the commission of the act was enabled or substantially facilitated by the failure of managing staff to take the necessary and reasonable preventive measures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the commonly prosecuted offences personally applicable to company directors and officers?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The offences most commonly prosecuted against company directors and officers include embezzlement (Section 133 CC), fraud (Sections 146-147 CC), breach of trust (Section 153 CC), offences relating to asset depletion and insolvency (Sections 156 seq CC) and money laundering (Section 165 CC) as well as tax evasion or tax fraud (Sections 87 and 88 Value Added Tax Act).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who are the lead prosecuting authorities which investigate and prosecute financial crime and what are their responsibilities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Financial crimes, like most other criminal offences, are prosecuted by the Liechtenstein Public Prosecutor\u2019s Office. If the Public Prosecutor finds sufficient grounds to initiate criminal proceedings against a specific person, they may either file an application to the investigating judge to open an investigation or submit an indictment. Accordingly, an investigation may only be initiated by the investigating judge upon application by the prosecutor (or, in certain cases, by the injured private party).<\/p>\n<p>The Public Prosecutor may also instruct the police or the investigating judge to carry out investigative measures, such as interrogation or assets-tracing analysis. The police are likewise entitled to act on their own initiative if they become aware of a suspicion that a criminal offence has been committed. However, if the suspicion concerns a serious offence or one of particular public interest, the Public Prosecutor\u2019s Office must be informed immediately. In all cases, the police are required to notify the Public Prosecutor\u2019s Office within three months of the first investigative measure taken against a specific suspect.<\/p>\n<p>Certain minor offences are prosecuted only upon request by the injured private party, who must file such a request against the suspect within six weeks of becoming aware of both the offence and the person reasonably suspected of committing it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which courts hear cases of financial crime? Are they determined by tribunals, judges or juries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Trials and the rendering of judgments are generally conducted by a single judge at the Court of Justice (Landgericht), unless jurisdiction lies with the criminal tribunal composed of five judges.<\/p>\n<p>As a rule, the criminal tribunal is responsible for all intentional offences punishable by life imprisonment or imprisonment of more than three years (subject to statutory exceptions) as well as certain offences expressly specified by law (see Section 15 (2) Criminal Procedure Code, \u201cCPC\u201d).<\/p>\n<p>In addition, Liechtenstein has a Court of Appeal (Obergericht) and a Supreme Court (Oberster Gerichtshof). Under certain conditions, decisions may also be appealed to the Constitutional Court (Staatsgerichtshof).<\/p>\n<p>The Liechtenstein judicial system does not provide for jury trials.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do the authorities initiate an investigation? (E.g. Are raids common, are there compulsory document production or evidence taking powers?)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Authorities may initiate an investigation either ex officio, once they become aware of a potential offence, or on the basis of a formal criminal complaint filed by private individuals or public bodies.<\/p>\n<p>For persons subject to due diligence obligations, the Financial Market Authority (\u201cFMA\u201d) is responsible for monitoring compliance. It may impose measures and sanctions where violations are identified.<\/p>\n<p>The\u202fLiechtenstein Financial Intelligence Unit (\u201cFIU\u201d)\u202falso plays a key role by receiving suspicious transaction reports from financial intermediaries and forwarding them to the Public Prosecutor\u2019s Office if a suspicion of an offence is established. In cases involving reasonable suspicion of money laundering, predicate offences to money laundering, organised crime, or terrorist financing, the FIU must file a report with the Public Prosecutor\u2019s Office, including its analysis and other relevant information. However, such reports may not disclose details regarding the source of the information.<\/p>\n<p>All preliminary investigations, except those that are initiated solely upon request by an injured private party, are conducted under the supervision of the Public Prosecutor&#8217;s Office. Investigative measures include identity checks, house and personal searches, physical and molecular genetic examinations, seizures, surveillance of electronic communications, observation, and covert investigations. Some measures may be carried out by the police on their own initiative, while others require a request from the Public Prosecutor to the investigating judge and the judge\u2019s approval. Raids are uncommon in Liechtenstein but do occur, particularly in money laundering cases.<\/p>\n<p>Where necessary for the investigation of money laundering, predicate offences to money laundering, offences linked to organised crime, persons subject to the Due Diligence Act may, by court order, be required to disclose all documents and other records concerning the nature and scope of the business relationships, related business transactions, and other business activities for a specific past or future period.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What powers do the authorities have to conduct interviews?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Authorities may question both suspects and witnesses. In addition, the police may conduct preliminary inquiries aimed at gathering information in the early stages of a criminal investigation, when it is not yet possible to distinguish between witnesses and suspects. These inquiries serve solely to prepare for the taking of evidence and consist of purely informative interviews, without any instruction on the rights and obligations of those questioned. However, such inquiries must not be misused as a means of circumventing formal interrogations and their strict procedural requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights do interviewees have regarding the interview process? (E.g. Is there a right to be represented by a lawyer at an interview? Is there an absolute or qualified right to silence? Is there a right to pre-interview disclosure? Are interviews recorded or transcribed?)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A suspect or an accused must be informed of the charges brought against them and advised that they are free to make a statement or remain silent, and to consult with a defence counsel. They must also be informed that any statement may be used both in their defence and as evidence against them. Where necessary, the availability of an interpreter must be pointed out.<\/p>\n<p>The suspect resp accused has the right to inspect the case files and to request copies, both before and after interrogation. Certain documents may be withheld if immediate access by the suspect would jeopardise the investigation. However, such a restriction is permissible only until the indictment has been filed.<\/p>\n<p>Questions put to the suspect or accused must not be vague, misleading, or designed to entrap. Nor may promises, pretences, threats, or coercive measures be used to induce a confession or other specific statements.<\/p>\n<p>Anyone who is summoned as a witness is generally obliged to appear and testify. Witnesses are required to tell the truth and must be informed that giving false testimony constitutes a criminal offence. If a witness cannot appear in person for factual reasons, testimony may be taken via audio or video transmission. Upon request, a trusted person (\u201cVertrauensperson\u201d) may be present during the examination. If a witness does not speak German, an interpreter must be provided.<\/p>\n<p>Both the questioning of the suspect resp accused and the questioning of witnesses are recorded in writing.<\/p>\n<p>Certain individuals may not be examined as witnesses, including:<\/p>\n<ul>\n<li>members of the clergy, with respect to information received in confession or otherwise under the seal of ministerial secrecy;<\/li>\n<li>civil servants, if doing so would breach official secrecy, unless they have been released from this duty by their superiors, or if their observations relate to the subject matter of the proceedings in the course of criminal justice, or where there is a statutory duty to report;<\/li>\n<li>persons who, at the time of the testimony, are incapable of telling the truth due to mental illness, disability, or other reasons.<\/li>\n<\/ul>\n<p>Others are not obliged to testify, such as:<\/p>\n<ul>\n<li>persons called to testify in proceedings against a relative;<\/li>\n<li>potential victims under the age of 18 or whose sexual integrity may have been violated, provided that the parties had an opportunity to participate in am earlier examination conducted under protective procedures.<\/li>\n<\/ul>\n<p>Additionally, certain persons may refuse to testify, for example:<\/p>\n<ul>\n<li>anyone whose testimony would expose themselves or a relative to criminal prosecution or, in connection with criminal proceedings against them, to self-incrimination beyond their previous statement;<\/li>\n<li>defence counsel, lawyers, legal agents, patent attorneys, and notaries, with respect to matters learned in their professional capacity;<\/li>\n<li>medical specialists in psychiatry and psychotherapy, non-medical psychotherapists, psychologists, probation officers and mediators under the Civil Law Mediation Act.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do some or all the laws or regulations governing financial crime have extraterritorial effect so as to catch conduct of nationals or companies operating overseas?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For certain offences committed abroad, Liechtenstein criminal law applies irrespective of the criminal law of the country where the offence occurred (Section 64 CC). This includes, for example, corruption and related criminal offences (Sections 302-309 CC), if the perpetrator was a Liechtenstein citizen at the time of the offence or if the offence was committed for the benefit of a Liechtenstein public official or arbitrator, as well as money laundering (Section 165 CC) in connection with a predicate offence committed in Liechtenstein.<\/p>\n<p>In addition Liechtenstein criminal law applies, provided that the offence is also punishable under the laws of the country where it was committed, if<\/p>\n<ul>\n<li>the perpetrator was a Liechtenstein national at the time of the offence, or later acquired and still holds Liechtenstein nationality at the time criminal proceedings are initiated; or<\/li>\n<li>the perpetrator was a foreign national at the time of the offence, subsequently entered Liechtenstein and cannot be extradited to another country for reasons other than the nature or characteristics of the offence.<\/li>\n<\/ul>\n<p>Where the applicability of Liechtenstein criminal law to offences committed abroad depends on the application of Liechtenstein criminal law to offences committed abroad dependent on the perpetrator\u2019s residence, domicile, or nationality, the registered office, principal place of business, or branch of the legal entity shall be decisive (Section 74e CC).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the authorities commonly cooperate with foreign authorities? If so, under what arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>International legal assistance, both as a requesting and a requested state, is of particular importance for Liechtenstein, as it faciliates effective prosecution and cooperation in cross-border cases. Accordingly, Liechtenstein is a party to various agreements on mutual legal and administrative assistance, including the European Convention on Mutual Assistance in Criminal Matters, the Agreement between the Principality of Liechtenstein and the United States of America on International Legal Assistance in Criminal Matters, and the Agreement on Mutual Administrative Assistance in Tax Matters.<\/p>\n<p>In the field of taxation, Liechtenstein also participates in the automatic exchange of information (\u201cAIA\u201d) on tax matters and on financial accounts, thereby sharing financial data with other jurisdictions to combat tax fraud and evasion at the international level.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules regarding legal professional privilege? What, if any, material is protected from production or seizure by financial crime authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>protected from production or seizure by financial crime authorities?<\/p>\n<p>Defence counsel, lawyers, legal agents, patent attorneys, and notaries may refuse to testify on matters that have come to their knowledge in the course of their professional activities. The right to refuse testimony must not be circumvented, particularly not by seizing documents or data carriers created within the framework of the professional relationship, by using retained data, or by examining assistants or trainees involved in the professional activity.<\/p>\n<p>The sealing of papers or data carriers is permitted. For example, defence lawyers, solicitors, legal agents, patent attorneys and notaries may request the sealing of documents and\/or data carriers seized during a house search and may claim that their right to refuse testimony would otherwise be circumvented.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights do companies and individuals have in relation to privacy or data protection in the context of a financial crime investigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The courts, the Public Prosecutor, and the police may process personal data as necessary in the exercise of their duties. In doing so, they must comply with the principles of legality and proportionality. Unless otherwise provided, the provisions of the Data Protection Act (DSG) apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a doctrine of successor criminal liability? For instance in mergers and acquisitions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where the rights and obligations of a legal entity are transferred to another legal entity by way of universal succession, the legal consequences set out in the Criminal Code or the Criminal Procedure Code (\u201cCPC\u201d) also apply to the legal successor. Any legal consequences imposed on the legal predecessor likewise take effect for the legal successor. For this purpose, singular succession is deemed equivalent to universal succession if essentially the same ownership structure exists with respect to the legal entity and its business operations or activities are essentially continued (Section 74d CC).<\/p>\n<p>If there is more than one legal successor, fines may be enforced against each successor. Other legal consequences may be allocated to individual successors insofar as they relate to their respective areas of activity.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors must prosecuting authorities consider when deciding whether to charge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At the conclusion of a preliminary investigation, the Public Prosecutor has to decide whether there are sufficient grounds to initiate criminal proceedings against the suspect (the \u201cprobability of conviction\u201d). If such grounds do not exist, the Public Prosecutor is required to discontinue the preliminary investigation.<\/p>\n<p>Alternatively, if the statutory conditions are met, either the Public Prosecutor or the court, depending on the stage of the proceedings, may terminate the prosecution by way of diversion. This may include payment of a monetary sum, performance of community service, imposition of probationary period, or an out-of-court settlement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the evidential standard required to secure conviction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A conviction requires subjective certainty regarding both the identity of the perpetrator and their guilt. The minimum objective standard is \u2018probability bordering on certainty\u2019. If the judge cannot be satisfied that this standard is met, the principle of \u2018in dubio pro reo\u2019 applies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a statute of limitations for criminal matters? If so, are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The limitation periods in the Liechtenstein Criminal Code are determined by the severity of the penalty prescribed. In general:<\/p>\n<ul>\n<li>for offences punishable by imprisonment of up to one, the limitation period is three years;<\/li>\n<li>for offences punishable by imprisonment of more than one year and up to five years, the limitation period is five years;<\/li>\n<li>for offences punishable by imprisonment of more than five years and up to ten years, the limitation period is ten years;<\/li>\n<li>for offences punishable by imprisonment of more than ten years, the limitation period is twenty years.<\/li>\n<\/ul>\n<p>Offences punishable by imprisonment of ten to twenty years or by life imprisonment, as well as genocide, crimes against humanity, and war crimes are not subject to a statute of limitations. However, after twenty years, life imprisonment is replaced by a term of ten to twenty years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any mechanisms commonly used to resolve financial crime issues falling short of a prosecution? (E.g. Deferred prosecution agreements, non-prosecution agreements, civil recovery orders, etc.) If yes, what factors are relevant and what approvals are required by the court?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, the Public Prosecutor&#8217;s Office is required to investigate all criminal offences that come to its attention, except for those offences that are prosecuted only upon request by the injured private party.<\/p>\n<p>The so-called \u201cDiversion\u201d allows the Public Prosecutor or the judge, depending on the stage of the proceedings, to refrain from conducting criminal proceedings or to terminate proceedings without a conviction. Diversion thus represents a procedural alternative to formal criminal proceedings. The presumption of innocence remains in force, and no entry is made in the criminal record. Diversion is also available to corporations (Section 357f CPC).<\/p>\n<p>To apply diversion, the underlying offence must fall within those listed in the Criminal Procedure Code, generally offences punishable by less than three years&#8217; imprisonment, subject to statutory exceptions, as well as certain misdemeanours. Additionally, the facts of the case must be clear, the culpability of the suspect or accused must not be considered severe, there must be no general or special preventative reasons for a conviction, and the act must not have resulted in the death of a person. The suspect or accused must also agree and accept responsibility for the criminal actions.<\/p>\n<p>The Criminal Procedure Code does not provide for deferred prosecution agreements respectively non-prosecution agreements.<\/p>\n<p>A remorseful confession constitutes grounds for a reduction in sentence. The same applies if the suspect or accused has contributed significantly to establishing the truth through their statement or cooperates with law enforcement authorities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a mechanism for plea bargaining?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Liechtenstein, there is no provision of formal plea agreements as exist in other jurisdictions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any obligation to disclose discovered misconduct to prosecuting authorities, or any benefit to making a voluntary disclosure?  Is there an established route or official guidance for making such disclosures?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Individuals and companies may, but are not obliged to, report any discovered misconduct to the prosecuting authorities.<\/p>\n<p>If a public authority becomes aware of a suspected offence within its legal sphere activity that is subject to ex officio prosecution, it is required to file a criminal complaint with the Public Prosecutor\u2019s Office or the police. The law provides for exceptions to this general rule (Section 53 CPC).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rules or guidelines determine sentencing? Are there any leniency or discount policies? If so, how are these applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law itself establishes the upper and lower limits of a sentence. If multiple laws apply, the penalty shall be determined according to the law that prescribes the most severe penalty.<\/p>\n<p>The offender\u2019s culpability serves as the basis for determining the penalty within these limits.<\/p>\n<p>When determining the sentence, the court must weigh aggravating and mitigating factors, insofar as they do not already determine the penalty, and also consider the effects of the sentence and other expected consequences of the offence on the offender&#8217;s future life in society. In particular, the court must take into account the extent to which the offence reflects the offender&#8217;s disregard for or indifference toward legally protected values, as well as the extent to which it is attributable to external circumstances or motives that might influence a person who respects such values.<\/p>\n<p>Generally, the greater the damage or danger caused by the offender, or for which the offender is responsible even if not directly caused, the more duties violated, the more carefully the actions were considered or prepared, the more recklessly they were executed, and the less caution that could have been exercised, the more severe the sentence should be.<\/p>\n<p>For companies, the number of daily fines is determined according to the seriousness and consequences of the underlying act and the severity of any organizational deficiencies. In addition, the conduct of the legal entity following the offence must be considered, particularly whether it has remedied the consequences of the offence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are compliance procedures evaluated by the prosecuting authorities and how can businesses best protect themselves?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With regard to acts committed by employees, a legal entity can be held liable only if the commission of the act was made possible or significantly facilitated by the failure of managers (see Q\u202f2) to take the necessary and reasonable measures to prevent such acts. Proper compliance management systems, therefore, serve as a means of preventing corporate liability. As noted above, the conduct of the legal entity following the offence must also be taken into account when determining the sentence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What penalties do the courts typically impose on individuals and corporates in relation to the key offences listed at Q1?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Criminal Code provides for both monetary penalties and imprisonment, depending on the nature of the offence. These punishments may be imposed either suspended or unsuspended and a combination of both is also possible. For legal entities held responsible for an offence, a corporate fine may be imposed. Although sentencing depends heavily on the circumstances of the individual case, the damage caused is a particularly relevant factor in determining a sentence in white-collar crime cases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights of appeal are there?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>During preliminary proceedings, decisions from the Court of Justice (Landgericht) can be appealed (Beschwerde) to the Court of Appeal (Obergericht).<\/p>\n<p>There is also a possibility to lodge an objection against the indictment (Anklageeinspruch).<\/p>\n<p>Judgments of the Court of Justice and the preceding proceedings may be challenged before the Court of Appeal (Obergericht) via a nullity appeal (Nichtigkeitsberufung) on procedural and\/or substantive grounds of invalidity. In addition to the nullity appeal, it is possible to lodge an (combined) appeal to the Court of Appeal against the sentence (Strafberufung) and\/or the determination of guilt (Schuldberufung).<\/p>\n<p>Decisions of the Court of Appeal may, under certain conditions, be appealed to the Supreme Court (Oberster Gerichtshof).<\/p>\n<p>Furthermore, under specific circumstances, final decisions may be challenged before the State Court (Staatsgerichtshof) on the grounds of violation of fundamental rights (Individualbeschwerde).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How active are the authorities in tackling financial crime?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Liechtenstein authorities are highly active and effective in combating financial crime. They benefit from a well-established and efficient framework, supported by strong domestic policies and procedures as well as international collaboration. According to the FMA, Liechtenstein attaches the utmost importance to anti-money laundering and combating the financing of terrorism and pursues a zero-tolerance policy in this regard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In the last 5 years, have you seen any trends or focus on particular types of offences, sectors and\/or industries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Historically, Liechtenstein has been perceived as a facilitator of tax evasion, although substantial efforts have been made in recent years to address this issue. Despite significant progress in tackling domestic threats, combating tax crimes committed abroad remains a major challenge in aligning with national AML\/CFT policies. An increase in fraud and financial crimes has been observed over the past years.<\/p>\n<p>Cyber-dependent crimes are also prevalent. Nearly half of Liechtenstein\u2019s companies and institutions, including universities and cryptocurrency exchange platforms, are reported to have been targeted by cyber-attacks. These attacks primarily involve ransomware, trojans, and other forms of malware.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any landmark or notable cases, investigations or developments in the past year?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since 2020, law enforcement authorities have been investigating a lawyer and managing director of a fiduciary company. In early April 2025, the public prosecutor\u2019s office filed charges. The defendant is accused of 26 counts of breach of trust, two counts of embezzlement, and money laundering. According to the indictment, the total damage amounts to more than 20 million Swiss francs.<\/p>\n<p>Furthermore, the Public Prosecutor\u2019s Office has been investigating a company founder and his surroundings for more than two years now. The preliminary proceedings are still ongoing. He is accused, among other things, of serious fraud, attempted breach of trust, money laundering, and forming a criminal organization. In addition to Liechtenstein, investigative measures have also been carried out in Switzerland and Austria.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any pending or proposed changes to the legal, regulatory and\/or enforcement framework?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Moneyval\u2019s Mutual Evaluation Report of May 2022, it was noted that Section 165 CC (money laundering offence) contains a minor shortcoming regarding the definition of property, as intangible assets are not explicitly covered. To address this, a definition of the term \u201cassets\u201d is planned to be introduced in Section 165 (6) CC, explicitly including intangible assets. This amendment serves merely as a legal clarification of the assets already encompassed under established case law and prevailing legal doctrine.<\/p>\n<p>An additional amendment to the Criminal Procedure Code is intended to grant the Public Prosecutor\u2019s Office the option, under certain legal conditions, to make a discretionary decision at the outset of a preliminary investigation and to refrain from pursuing an existing suspicion.<\/p>\n<p>With regard to asset freezes, a statutory regulation is planned to provide for the imposition of standardised fees, such as charges, expenses, and interest required to maintain the business relationship, as well as for the release of frozen assets to cover administrative costs. Such measures would be implemented by the Court of Justice through case-by-case decisions upon application by the parties concerned.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any gaps or areas for improvement in the financial crime legal framework?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4518<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/117802","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=117802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}