1. Article 64
Prerequisites
1) Enforcement or further enforcement of a decision taken by a foreign court in connection with which a fine or imprisonment, a preventive measure or pecuniary order has been pronounced by a final judgment, is permissible at the request of another State if
- the decision of the foreign court has been taken in a trial that complies with the basic principles of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms,
- the decision was taken due to an act which is subject to judicial penalty under Liechtenstein law,
- the decision was not taken due to a punishable act set out in articles 14 and 15,
- enforceability would not have become time-barred under Liechtenstein law yet,
- the person affected by the decision taken by the foreign court is not, due to the offense, prosecuted, convicted or acquitted by a final judgment or if the indictment has been quashed for another reason in Liechtenstein.
2) Enforcement of the decision taken by a foreign court in connection with which imprisonment or a preventive measure has been pronounced is only permissible if the convicted person is a Liechtenstein citizen, has his/her residence or abode in Liechtenstein and has agreed to domestic enforcement.
3) Enforcement of preventive measures is only permissible if Liechtenstein law provides for equivalent measures.
4) Enforcement of the decision taken by a foreign court in connection with which pecuniary orders are given is only permissible as far as, under Liechtenstein law, the requirements for a fine, absorption of enrichment, forfeiture or confiscation are provided and a corresponding domestic order has not been issued yet.
5) Enforcement of the decision taken by a foreign court in connection with which a fine or absorption of enrichment has been pronounced, is only permissible if collection is expected to be in Liechtenstein and the concerned person has been heard provided that he/she could be contacted.
6) Enforcement of the decision taken by a foreign court in connection with which forfeiture or confiscation has been pronounced by a final judgment, is only permissible if the objects or assets subject to the decision are located in Liechtenstein and the concerned person has been heard provided that he/she could be contacted.
7) Fines, absorbed amounts of money, forfeited assets and confiscated objects devolve upon the State.
2. Article 65
Domestic Decision of Enforcement
1) If the enforcement of a decision taken in criminal matters by a foreign court is assumed, the sentence, preventive measure or pecuniary order to be enforced in Liechtenstein shall be determined under Liechtenstein law taking into account the measure pronounced in such decision. The forfeiture ordered in a decision taken by a foreign court may also be enforced as domestic forfeiture if, under Liechtenstein law, there would be an absorption of enrichment.
2) The person affected by the decision must not, by the assumption of the enforcement, be put in a less favorable position than by the enforcement in the other State.
3) §§ 38 and 66 StGB shall be applied mutatis mutandis.
3. Article 66
Handling of Requests Received
Requests for the enforcement of decisions taken by foreign criminal courts received by the Ministry of Justice shall be transmitted to the Court of Justice (article 67, paragraph 1). If, on receipt of the request, there are any circumstances opposed to the assumption of enforcement for one of the grounds set out in articles 2 and 3, paragraph 1, or if the request is not suitable for legal treatment, the Ministry of Justice must immediately refuse the request. The Ministry of Justice may demand at any one time of the proceedings, on its own account or at the request of the Court of Justice, supplementary documents from the State making the request for assumption of enforcement.
4. Article 67
Competence and Proceedings
1) The Court of Justice decides on the request for enforcement and adaptation of the sentence, the preventive measure or absorption of enrichment, forfeiture or confiscation by adopting a ruling. The Office of the Public Prosecutor and the party affected by the decision may file an appeal with the Court of Appeal within fourteen days.
2) The Ministry of Justice must inform the State making the request about the decision on the request for assumption of enforcement in the form provided for and notify it of the enforcement.
3) After the assumption of enforcement of a sentence or preventive measure, it is no longer permissible to institute criminal proceedings due to the offense underlying the judgment.
4) The provisions of Liechtenstein law shall be applied to enforcement, conditional release and power of pardon.
5) The enforcement shall be terminated in any event if the enforceability of the sentence or preventive measure expires under the law of the State making the request.
