54 For any constellations where the elements of the offense set out in 279 StGB

54 for any constellations where the elements of the

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54. For any constellations where the elements of the offense set out in § 279 StGB are not met but where it appears possible that an armed group might exist within the scope of article 4, paragraph 2 of the Optional Protocol, the offense would nevertheless be punishable under article 20, paragraph 2 in conjunction with article 9(a) of the Weapons Act (LGBl. 1971 No. 48 as amended). According to article 20, paragraph 1(c) of the Weapons Act, anyone acquiring or
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CRC/C/OPAC/LIE/1 page 14 possessing weapons or ammunition despite being subject to a prohibition under article 9 of the Weapons Act shall be punished for commission of a misdemeanor with up to three months’ imprisonment or a monetary penalty of up to 180 daily rates. Article 9 contains a general prohibition of carrying weapons for persons under 18. If persons under 18 are provided with weapons, § 12 StGB in conjunction with article 20, paragraph 1(c) and article 9(a) of the Weapons Act provides for punishment as an organizer of the offense. In cases where children were already in possession of weapons before, aiding and abetting within the meaning of § 12 StGB applies. In such cases, recruitment gives rise to mental aiding and abetting. Since, pursuant to § 12 StGB, organizers and abettors are equally culpable for the offense, they can be punished equally. 55. Criminal liability in accordance with the aforementioned provisions plays a subsidiary role in this context, since perpetrators can generally be punished under § 279 StGB prohibiting armed groups. The combination of the two alternatives, in any event, ensures criminalization of the conduct referred to in article 4, paragraph 2 of the Optional Protocol within the framework of existing Liechtenstein criminal law. Article 5: International instruments 56. As a member of the United Nations and the Council of Europe, Liechtenstein has ratified various European and international agreements on the protection of the rights of the child and on the protection of human rights in general. The most important of these international instruments are listed in Chapter E (General legal framework for the protection of human rights) in Part I of this report on pages 9 and 10. Article 6: Implementation measures 57. Pursuant to article 6, each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of the Protocol within its jurisdiction. Legislative revisions relevant to the Optional Protocol 58. When preparing the ratification of the Optional Protocol, the Liechtenstein Government assured itself that the obligations of the Optional Protocol were already met by existing legislation. For this reason, no new enactments and no new legislative amendments had to be adopted in connection with the Optional Protocol.
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  • Summer '16
  • Ramon Wawire
  • European Union, Council of Europe, European Convention on Human Rights

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