Juvenile crime and juvenile detention

In the reporting year, the national police investigated 45 juvenile suspects (previous year: 44), mostly for bodily harm, followed by dangerous threats and damage to property. A clear majority of the suspects - 36 out of 45 - were male. The proportion of suspects below the age of criminal responsibility increased compared to the previous year. While in 2023 almost half of the suspects (21 persons) were under 14 years of age, this proportion fell to a third (15 persons) in the reporting year. Two thirds of the suspects were Liechtenstein nationals. Overall, the national police reported significantly fewer violent offenses (35) than in the previous year (61). This put last year's increase in juvenile crime and concerns about young offenders who are not of age to commit crimes into perspective. As far as convictions are concerned, the conviction statistics from the Swiss Federal Statistical Office show a long-term decrease, even if there are short-term fluctuations.

As in the two previous years, no minors were imprisoned in Liechtenstein in 2024. Young first-time offenders are often given a second chance or a suspended sentence. According to the prison administration, Liechtenstein is currently unable to guarantee a prison system that complies with children's rights - even in pre-trial detention. There is an intergovernmental agreement between Liechtenstein and Austria for the detention of Liechtenstein nationals in Austria. However, there is often a lack of places for the execution of measures (i.e. forms of detention with therapy options) for juveniles. It is not possible to accommodate juveniles in Swiss prisons, e.g. in the Eastern Switzerland Concordat, as Switzerland itself has too few places. Accordingly, there is no willingness to accept juvenile prisoners from Liechtenstein on the basis of an intergovernmental agreement.

Imprisonment abroad causes particular difficulties for juveniles in terms of maintaining their family and social contacts. For the past two years, a working group chaired by the Children and Youth Service has been developing a procedure for juveniles in detention. Among other things, the Austrian model of a social network conference is being examined as a procedure for young people in custody. This would provide for all relevant persons in the social environment of juveniles in custody (parents, relatives, neighbors, teachers, social workers, trainers and employers, child and youth services, probation services) to agree in writing who can make what contribution to improving the situation so that juveniles subsequently remain crime-free.

Juvenile detention in connection with Articles 58-59a of the Foreign Nationals Act (FNA) is possible in principle. However, as in previous years, the authorities did not impose any detention pending deportation or detention under the Dublin procedure on juveniles between the ages of 15 and 18 in the reporting year. This means that no person under the age of 18 was detained under the Foreign Nationals Act. However, the detention of juveniles aged 15 and over under immigration law, as provided for in Art. 60 para. 2 AuG, is contrary to the Convention on the Rights of the Child. This is stated by the UN Committee on the Rights of the Child in its General Comments: even if the Convention permits such detention as a last resort, persons under the age of 18 may not generally be detained in accordance with the principle of the best interests of the child (Art. 3 CRC), regardless of whether they are accompanied by an adult or not. However, there are currently no plans to amend this provision in the Foreign Nationals Act and the demand remains pending.

 

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