Criminal Law (Liechtenstein)
The Liechtenstein criminal law is concerned, in the broadest sense, with all the legal issues that the particular legal consequence penalty focus.
history
Criminal law for the population of the Alemannic area , which also includes Liechtenstein, has existed since Roman times before the 5th century. At that time, citizens were punished with the death penalty in addition to property and corporal punishment and banishment. The last executed death sentence in Liechtenstein was pronounced on February 26, 1784 against 41-year-old Barbara Erni, who was beheaded on the same day for break-in, theft and begging. The last death sentence in the state was pronounced on November 26, 1977, but was later overturned by Prince Franz Josef II. The death penalty was not officially abolished until 1989.
Later, among the Teutons , there was only one criminal law in relation to war delike; other offenses were punished either by the housefather (within the family) or by the clan (outside the family) according to the principle of Talion . In order to prevent blood revenge , so-called atonement agreements and penalties were introduced later , which made it possible to redeem blood revenge by paying for weapons or cattle.
The right to exercise blood justice passed from the citizens to local rule in the late Middle Ages and established itself as public criminal law. In 1532, the principles of criminal proceedings and substantive law were laid down, the purpose of which was retribution , atonement , rendering the perpetrator harmless and deterring them.
Instead of the cruel body and public humiliation and the death penalty and prison sentences were in the 17th century, among others, in the county of Vaduz frequently forced labor imposed.
After the Carolina was abolished in 1812, a princely decree decided that from this point on, Liechtenstein criminal law would be based on the Austrian Penal Code of 1803, which, along with other modernizations, included the then new principle of “ nullum crimen sine lege ” (“no crime without a law”) ) included. This process was repeated in 1859 when the Austrian Criminal Code of 1852 was adopted.
1989 Criminal Code
In 1989, a new Liechtenstein Criminal Code came into force, which is again based on the Austrian Criminal Code and includes, among other things, the abolition of the death penalty, the limitation of the criminal liability of homosexuality and the inclusion of offenses such as air piracy , hostage-taking, terrorism, environmental offenses and computer crime . In contrast to the Austrian Criminal Code, the offense of adultery was deleted, the criminality of the offense of participation in suicide was restricted and the deadline solution for termination of pregnancy was rejected. At the same time, a so-called Penalty Adjustment Act came into force, which regulates the mandatory application of Swiss criminal law through contracts with this country.
In the course of the constitutional hereditary monarchy, a law is enshrined in law that enables the prince to influence criminal law by means of abolition and pardon .
Individual evidence
- ^ Criminal Law - Historical Lexicon. Retrieved June 6, 2019 .
- ^ Holger Franke: The last death sentence in Liechtenstein. In: Liechtensteiner Volksblatt. November 29, 2012, accessed June 6, 2019 .
- ↑ Death penalty: Not that long ago - Saiten - Ostschweizer Kulturmagazin and events calendar. Retrieved June 6, 2019 .
- ^ Yearbook of the Historical Association for the Principality of Liechtenstein: Yearbook of the Historical Association for the Principality of Liechtenstein . In: -: Yearbook of the Historical Association for the Principality of Liechtenstein, -: - -. tape 38 , 1938 ( eliechtensteinensia.li [accessed June 8, 2019]).
- ^ Criminal Law - Historical Lexicon. Retrieved June 8, 2019 .