Total Revision Of The Enforcement Of Sentences Act And Creation Of A New Judicial Service Act

With a package of legislative amendments and other adjustments, Liechtenstein is reacting to new international developments and challenges in all areas of justice, on the basis of a modern justice policy. Parliament has in principle welcomed the Government proposals and begun consideration thereof. Adoption of the various laws is expected in autumn. These legislative changes encompass a total revision of the Enforcement of Sentences Act, amendments to the Code of Criminal Procedure, creation of a Judicial Service Act, and a new Court Organization Act.

The existing Enforcement of Sentences Act has been in force since 1983 and no longer meets current needs. At the time, the authorities operated under the assumption that the sole Liechtenstein prison would only house detainees pending trial or inmates with short prison sentences. An agreement had been concluded with Austria, according to which longer sentences would be served in whole or in part in Austrian detention centers. The situation has changed in recent years in that detention pending extradition, detention in lieu of fines, and detention pending deportation must now also be enforced, in addition to penal detention and detention pending trial. The enforcement of sentences has also changed for convicts whose sentence is less than two years. To achieve better integration into society upon completion of the sentences, such sentences have recently been enforced in Liechtenstein itself.

With the total revision of the Enforcement of Sentences Act, the formerly rudimentary rules governing enforcement of sentences will now be laid down in detail at the legislative level, in order to provide both inmates and corrections staff with a clear guide and to strengthen legal certainty for both sides. Adjustments are being made both to the European Convention on Human Rights and to enforcement of sentences in Austria, in order to achieve harmonization with Liechtenstein's corrections partner. All issues relating to enforcement of sentences are now governed at the legislative level: everything from cleaning of cells to the prohibition of tattoos, from food to clothing, and from work allocation to unemployment insurance.

The demands of the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights are taken into account by the amendments to the Code of Criminal Procedure. In particular pre-trial detention will be subject to new rules, by introducing a system of fixed terms of custody in conjunction with an adversarial review of detention in the first instance. The possibilities of the accused to defend himself in a situation of detention are thereby improved, in particular also with the new rules governing access to documents and contact between the accused and counsel. According to the general amendments in the Code of Criminal Procedure, the provisions of the Youth Court Act with respect to pre-trial detention will likewise be adjusted. The Mutual Legal Assistance Act will also be amended accordingly with respect to the extradition of detainees and detention pending extradition.

A further focus in connection with the modernization of the justice system will be the new rules on court organization and the new creation of a Judicial Service Act. The new Court Organization Act will govern the organization and competences of the courts, which will continue to be structured into three instances: the Court of Justice as the first instance, the Court of Appeal as the second instance, and the Supreme Court as the third and last instance. At the same time, the general administration of justice – from the responsibilities of the court registry to the archiving of judicial records – will be significantly modernized. To ensure a regulated process of the administration of justice in accordance with modern administrative principles, the law governing the service of judges and the supervision of their service will be newly defined. Growing out of this Court Organization Act, a special Judicial Service Act governing the functions of judges will be established, since the Public Officials Act in principle does not apply to judges. The reason why no Judicial Service Act has existed so far is historical: For decades, Liechtenstein only had a single judge, and until the 1980's, the Court of Justice was only staffed by the President of the Court of Justice and five other judges. In the meantime, the number of judges has grown to 17, the demands on the courts have risen due to Liechtenstein's stronger international ties, and adaptations to international standards have become necessary due to Liechtenstein's accession to international agreements.

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