Альтернативы уголовному преследованию в уголовном процессе Лихтенштейна

Lex Russica (Русский закон). 2022. Т. 75. № 1. С. 164–171.

Серебренникова А. В., Trefilov A.

Abstract. In this article, the author considers alternatives to criminal prosecution under the Liechtenstein Criminal Procedure Code of 1988 on the basis of normative and doctrinal sources. The interest in this topic is not accidental – this institution is one of the most developed in the legal system of the principality. The general conditions of alternative criminal prosecution are analyzed, it is shown to what procedural moment and on whose initiative they can be applied. The grounds for refusing criminal prosecution against both individuals and legal entities are investigated, since both, according to Liechtenstein law, can be given the status of an accused. It is shown that these alternatives, as a rule, have a conditional character and if the accused has not fulfilled the duties assigned to him, then criminal proceedings against him are subject to resumption. Since one of the tasks of restorative justice is to protect the rights and legitimate interests of the victim, the Liechtenstein legislator regulates in detail his participation in various conciliation procedures with the participation of the accused through the mediation of the body conducting the proceedings in the case. This article may be of interest to anyone who is interested in foreign criminal proceedings, as well as the grounds and mechanism for releasing a person from criminal liability in the legislation of foreign states.

Keywords: criminal procedure, досудебный уголовный процесс