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Offences against the Person under the Criminal Code of the Principality of Liechtenstein

https://doi.org/10.17803/1729-5920.2016.121.12.113-124

Abstract

The article briefly analyzes the system of the Special Part of the Criminal Code of the Principality of Liechtenstein 1987 and considers its main features. The work emphasizes that the system of the special part of the Criminal Code of Liechtenstein, as most modern Criminal Codes, is built on the basis of a specific sequence of criminal legal protection: first it outlines the structures of the offences against the person, then against society and, finally, against the State. This approach reflects the ideology of criminal law, which regards identity as the main and most significant value. This article discusses issues related to criminal liability under the Criminal Code of the Principality of Liechtenstein for crimes against the person. The author analyses crimes against life and health, against future life, against freedom, against the honour and against privacy. Key features indicative of the relevant criminal law institutions in Liechtenstein are identified. Current official statistics is provided. Where necessary, there is a comparison with the Russian legislation. It is shown that the Liechtenstein's Criminal Code distinguishes between "felony murder" and "murder" and its variants. The first de facto composition is the main and subsequent-privileged. Since murder involves a sanction of up to life imprisonment, the legislator did not deem it necessary to allocate additional convoys of a qualified murder. The authors draw attention to the fact that Liechtenstein provided three link crane system and degrees of severity of the harm that aims at differentiation of responsibility for crimes against health. It is shown that in the criminal law of the country there is a fairly wide range of criminal acts unknown to the Russian Criminal Code. This is largely due to the specifics of the legal thinking of the criminal code developers in the neighboring Austria, from which they were transferred to Liechtenstein. It is proved that the rules of the Liechtenstein Criminal Code establishing liability for crimes against the person, can be used by Russian legislators when carrying out further reforms, and may also be taken into account in the domestic criminal law theory.

About the Authors

A. V. Serebrennikova
Lomonosov Moscow State University
Russian Federation


A. A. Trefilov
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation


References

1. Серебренникова А. В. Уголовный кодекс Лихтенштейна. - М., 2015.

2. Трефилов А. А. УПК Лихтенштейна: комментарий и перевод. - М., 2011.

3. Ханс-Адам II. Государство в третьем тысячелетии. - М., 2012.


Review

For citations:


Serebrennikova A.V., Trefilov A.A. Offences against the Person under the Criminal Code of the Principality of Liechtenstein. Lex Russica. 2016;(12):113-124. (In Russ.) https://doi.org/10.17803/1729-5920.2016.121.12.113-124

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)