Strasbourg, 28 January 2016
CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS(CCPE)
1. Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?
The Office of the Public Prosecutor in Liechtenstein is headed by the Prosecutor General (PG). The Office of the Public Prosecutor is very small, consisting of only seven prosecutors. The Prosecutor General can issue written or oral instructions to the prosecutors. One of these instructions requires weekly and monthly reports and statistics, which enable the PG to detect undue delays and to ensure due process and progress in proceedings. In bimonthly team meetings open legal questions and overall strategies are discussed and – if necessary – laid down in formal instructions.
2. Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.
All mentioned criteria (independence, impartiality, human and material resources, conditions of work) are considered crucial for securing the highest quality and efficiency of the work of the prosecutors.
In performing their duties prosecutors are independent unless otherwise provided by the law. The prosecutors work independently and under their own responsibility within the framework of the tasks assigned to them according to the allocation of duties or in individual cases by the Prosecutor General. Only the Prosecutor General can issue written or oral instructions/orders to the prosecutors. Instructions must always be justified with reference to this provision of the law.
Prosecutors may themselves request to be removed from a case or they may be rejected by the accused and the parties to the proceedings, if there is a close friendship, a personal dispute, or a special relationship of obligation or dependency with the accused or a party to the proceedings, if they have a legal dispute with the accused or a party to the proceedings or might be biased in the case on other grounds. Unless there is imminent danger, every prosecutor shall refrain from all prosecutorial acts from the time when a ground for exclusion is known.
The prosecutors in Liechtenstein have sufficient human and material resources; the conditions of work are very good.
3. Are there any indicators, formal or informal, used in your country in order to assess the quality and efficiency of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered etc.? Please briefly describe.
The quality and efficiency of the work of the prosecutors is assessed by the Prosecutor General, especially the number of cases considered and the duration of proceedings. This is done by electronic registration and management of cases by reporting and statistics (see answer to question 1).
These statistics also contain open cases with a duration of six month or longer.
4. Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?
The administrative supervision of prosecutors is the responsibility of the Prosecutor General. Administrative supervision in particular encompasses surveillance of the caseload, completion deadlines, and keeping of the journal and register, monitoring of extended delays in proceedings and continued training in the administration of justice. No ordinary legal remedies are permissible against decrees and orders issued by the supervisory organs in the performance of administrative supervision.
5. As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:
- facilitate their work?
- evaluate their work?
Due to the smallness of the Office of the Public Prosecutor in Liechtenstein there is little specialisation. As far as organised crime and terrorism are concerned training and information on current trends is provided to prosecutors including participation in international seminars and conferences.
6. Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.
There are recent legislative reforms with the aim to make the fight against organised crime and terrorism more effective. The Criminal Code has been amended by provisions (the amendment will enter into to force at April 1st 2016) criminalising training for terrorism, instruction to commit a terroristic offence, public provocation to commit a terroristic offence and approval of terroristic offences.
7. Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?
The current international conventions are sufficient to effectively fight against organised crime and terrorism.
8. What are the major challenges in your country as regards the quality and efficiency of the work of prosecutors and, in particular, their fight against organised crime and terrorism?
The major challenges of Liechtenstein in the fight against organised crime and terrorism are the smallness of the country and the fact that the offence or predicate offence in almost all cases is committed abroad.