Octopus Cybercrime Community

Both substantive and procedural criminal law framework of Liechtenstein are fully in line with the Convention requirements.

Liechtenstein has not adopted a specific Cybercrime Law. But since Liechtenstein has a monistic system, the Convention on Cybercrime is as such a part of the internal Liechtenstein legal order. Further provisions that guarantee the full implementation of the Budapest Convention on Cybercrime can be found in the Liechtenstein Criminal Code, the Code of Criminal Procedure, the Liechtenstein Communications Act, the Ordinance on Electronic Communications Networks and Services, the Liechtenstein E-Commerce Act, the Copyright Act, the Data Protection Act and the Mutual Legal Assistance Act.

The Criminal Code includes the following crimes as defined by Articles 2-12 of the Cybercrime Convention: Art. 2 (illegal access) is implemented by § 118a of the Criminal Code, Art. 3 (illegal interception) by § 119a Art. 4 (data interference) is implemented by § 126a of the Criminal Code, Art. 5 (system interference) by § 126b, Art. 6 (misuse of devices) by § 126c. Art. 7 (computer-related forgery) is implemented by § 225a of the Criminal Code and Art. 8 is envisaged by § 148a. Art. 9 (Offences related to child pornography) is implemented by § 219 of the Criminal Code. Art. 10 (Offences related to infringements of copyright and related rights) is implemented by the Copyright Act Art. 61 to 69 that cover all kinds of infringements of copyright and related rights. Art. 11 (attempt and aiding or abetting) is implemented by § 12 and § 15 of the Criminal Code that find general application. Art. 12 (corporate liability) is implemented by §§ 74a to 74g of the Criminal Code and by §§ 357a to 357g of the Code of Criminal Procedure.

The general framework applicable to all cybercrime investigations is set out in the Liechtenstein Code of Criminal Procedure. Further provisions are set out in the Communications Act.

The provisions of the Cybercrime Convention relating to procedural criminal law are implemented as follows: Art. 16 (expedited preservation of stored computer data) is implemented by Art. 52a of the Communications Act, Art. 17 (expedited preservation and partial disclosure of traffic data) is set out in Articles 52 and 52a et seq. and Art. 20 (real time collection of traffic data) in Article 52(1) of the Communications Act. The legal basis for Art. 19 (search and seizure of stored computer data) is set out in §§ 92 et seq. of the Code of Criminal Procedure. The basis for Art. 18 (production order) and Art. 20 (real time collection of traffic data) can be found in the Communications Act (Article 53(2) and 52(1, a-b)) as well as the Code of Criminal Procedure (§ 96(2a) and § 103).

Liechtenstein law on criminal procedure and communications as well as the Data protection Act from 2002 safeguards fundamental rights. Furthermore Liechtenstein joined the Council of Europe Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms in 1982 and the International Covenant on Civil and Political Rights in 1999. Both international treaties entered into force for Liechtenstein in the year they were ratified.

Data resulting from surveillance of electronic communication may be transmitted only pursuant to a judicial order. Normally, the National Police is responsible for securing the data and forwarding it to the Court of Justice. Official secrecy ensures confidentiality of this data.

• A detailed definition of individual categories of retained data can be found in Article 54a of the Ordinance on Electronic Communications Networks and Services.
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• Laws:
• Criminal Code
• Code of Criminal Procedure
• Communications Act (German only)
• E-Commerce Act (German only)
• Copyright Act (German only)
• Data Protection Act
• Mutual Legal Assistance Act
• Ordinance on Electronic Communications Networks and Services (German only)

The following information is valid for all requests for mutual legal assistance:

A written request for mutual legal assistance must be submitted, containing the information set out in Article 29(2). Requests may be transmitted via the central authority (The central authority for receiving and sending requests for mutual legal assistance in Liechtenstein is the Office of Justice) or sent directly to the Court of Justice and in urgent cases also via the 24/7 contact point. Normal and expedited requests are dealt with by the same authority, and there are no procedural differences. An indication of urgency (especially in cases of arrest or if there is a risk that evidence might be destroyed) results in expedited processing. Urgent requests may often be implemented on the same day, provided they are complete and depending on the time they arrive.

The Central Police Services of the Liechtenstein National Police are the central point of contact for requests on a police to police basis. If you have a cybercrime 24/7 request, you will be connected to the Forensic Unit of the C.I.D., a specialized unit for the investigation of computer and internet offences. This unit joined the G8 24/7 network of contact points to combat cybercrime in summer 2008.

24/7 Network Point-of-Contact

International Police Cooperation

Liechtenstein National Police

LI-9490 VADUZ

Principality of Liechtenstein

Alternative point of contact:

Emergency Command and Dispatch Center of the National Police

Liechtenstein authorities apply the national Mutual Legal Assistance Act to requests by States with which no treaty arrangement exists. In such cases, the Cybercrime Convention constitutes a superior legal norm, and the national Mutual Legal Assistance Act applies only on a subsidiary and complementary basis. According to the Mutual Legal Assistance Act (Article 51(1) (1)), the provision of mutual legal assistance is impermissible if the precondition of dual criminality is not met.