News / 06.05.2016

Amendment of the Criminal Code as of 1 June 2016

For implementation of the Criminal Law Convention of the European Council and the UN convention against Corruption, Liechtenstein amended its criminal provisions on corruption and property related penal measures. The amendments will come into force on 1 June 2016.

Corruption offenses (corruption, bribery etc) were extended to all officials and judges in arbitration. Officials are individuals who perform the legislative, executive or judicial activities for municipalities, public persons and companies under control of domestic or foreign authorities. Therefore, members of the parliaments and members of local councils are detected. The criminal offenses are modified and reworded. Corruption in private business companies falls under criminal offenses.

With regard to criminal measures the confiscation is introduced as an additional sentence. Items which have been used by the offender to commit the offense, intended to be used or which result from the criminal offence are confiscated when owned by the offender at the time of the verdict. Contrary to the collection of items (Einziehung), a certain level of danger is not required. The provisions on decline of certain assets obtained by committing the crime are aggravated. The current net worth principle will be replaced by a gross worth principle. This means that expenditures are not taken into account.

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