312.5 federal assistance to victims of offences Act * 1 (Act on the assistance to victims, LAVI) March 23, 2007 (status 1 January 2013) the Federal Assembly of the Swiss Confederation, view the art. 123 and 124 of the Constitution, given the message of the federal Council of November 9, 2005, stop: Chapter 1 provisions general art. 1 principles any person who has suffered because of an offence, a direct interference with physical, psychological or sexual integrity (victim) is entitled to the support provided by this Act (victim support).
Are also entitled to assistance to victims, the spouse, the children and the father and mother of the victim and others United to her by similar links (close).
The right to assistance to victims is, that the offender: a. has been discovered or not; b. a wrongful conduct or not; c. acted intentionally or negligently.
Art. 2 forms of assistance to victims assistance to victims includes: a. the advice and immediate aid; b. aid to more long term provided by the consultation centres; c. the contribution to costs for longer term assistance provided by a third party; d. compensation e. moral; (f) the exemption from the costs of the proceedings; g....
Repealed by section II 10 of annex 1 to the PPC of the Oct. 5. 2007, with effect from Jan 1. 2011 (2010 1881 RO; FF 2006 1057).
Art. 3 scope to because of the victim assistance is granted when the offence has been committed in Switzerland.
If the offence was committed abroad, counseling centers benefits are granted to the conditions provided for in art. 17; no compensation or moral compensation is granted.
Art. 4 subsidiarity of the assistance to victims assistance to victims are granted permanently only when the offender or another debtor pay no benefits or pay only inadequate benefits.
Anyone who solicits a contribution to costs for longer term assistance by one-third, compensation or moral compensation must make it likely that the conditions of the al. 1 are met, unless, given the circumstances, could not be expect from him he performs steps to obtain the services of third parties.
Art. 5 free benefits advice and immediate assistance, as well as help longer term which is directly supplied by the clinic are free for the victim and his family.
Art. 6 taking account of incomes in the granting of other services only are entitled to a contribution to the costs for longer term assistance provided by a third party or to compensation victims and relatives whose critical revenues do not exceed four times the amount intended to cover the necessities of life, set in art. 10, al. 1, let. a, of the Federal Act of 6 October 2006 on the supplementary benefits (LPC).
Determining income of the person entitled are calculated on the basis of its probable revenues after the offence, in accordance with art. 11 CPA.
The moral compensation is granted regardless of the income of the person entitled.
RS 831.30 see art. 49 (coordination with the LPC) see art. 49 (coordination with the LPC) art. 7 If subrogation of benefits as helping victims have been granted by a township under this Act, up to a maximum of benefits, it is subrogated to the claims of the same kind the person entitled may assert as a result of the offence.
The claims in which the canton is subrogated prevail that the right can still argue as well as the rights of third-party claims.
The canton renounce its claim against the author of the offence when that would undermine the interests worthy of protection of the victim or his relatives or social rehabilitation of the offender.
Art. 8Information on assistance to victims and announcement of the case the prosecution authorities inform the victim on assistance to victims and transmit, in certain conditions, his name and address to a clinic. The corresponding obligations are determined by the applicable laws of procedure.
When a person domiciled in Switzerland has been victim of a crime committed abroad, it can apply to a Swiss representation or service responsible for the Swiss consular protection. These services provide information on assistance to victims in Switzerland. They communicate the name and address of the victim to a counselling centre for as long as she consented.
The al. 1 and 2 shall apply by analogy to the relatives of the victim.
New content according to section II 8 of the annex to the Act of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
Chapter 2 benefits of the centers of consultation Section 1 consultation art. 9 offer the cantons ensure that there is private or public, independent advice centres in their sector of activity. Doing so, they take into account the special needs of different categories of victims.
A consultation Center can be an institution common to several cantons.
Art. 10 right to consult the file consultation centres may consult the records of the criminal prosecution authorities and courts concerning a procedure in which the victim or his relatives participate, as long as they consent thereto.
The right to consult the file cannot be denied to counseling centers if it can be against the injured person under the applicable procedural law.
Art. 11 obligation to secrecy the people who work for a consultation Center must keep secret their findings with respect to the authorities and individuals. This requirement is in effect after the termination of this activity. The obligation to give evidence under the code of criminal procedure of October 5, 2007 is reserved.
The obligation of secrecy is thrown when the person concerned consents.
If the physical, psychological or sexual integrity of a minor victim or another minor is seriously put in danger, people working for a consultation Center can notify the tutorship authority and denounce the offence to the criminal prosecution authority.
Anyone who violates his obligation of secrecy is punished with a custodial sentence of more than three years or a monetary penalty.
RS 312.0 Phrase introduced by the c. II 10 of annex 1 to the PPC of the Oct. 5. 2007, in force since Jan. 1. 2011 (2010 1881 RO; FF 2006 1057).
Since the entry into force of the Federal ACT of 19 Dec. 2008 (protection of the adult, right people and right of filiation; RO 2011 725) Jan 1. 2013: the child protection authority.
Section 2 assistance provided by the counseling centers and contribution fees art. 12 advice counseling centers advise the victim and relatives; They help them to assert their rights.
When a consultation centre received a notice in accordance with art. 8, al. 2 or 3, he makes contact with the victim or his relatives.
Art. 13 immediate relief and longer-term assistance counseling centers provide immediately to the victim and his relatives one helps to meet the most urgent needs arising from the offence (immediate).
If necessary, they provide assistance to the victim and his family until the State of health of the person concerned is stationary and the other consequences of the offence are as far as possible eliminated or compensated (long term support).
Consultation centres can provide immediate assistance and longer term through third party assistance.
Art. 14 scope of benefits benefits include medical, psychological, social, material and legal assistance need the victim or his relatives as a result of the offence and which is provided in Switzerland. If necessary, consultation centers provide emergency accommodation to the victim or his relatives.
Domiciled abroad who has been victim of a crime in Switzerland is also entitled, on his place of residence, to contributions to the costs necessary for his recovery.
Art. 15 access to counseling centers the cantons shall ensure that the victim and his family can receive the immediate assistance they need in a timely manner.
The victim and his relatives can apply to a counselling centre regardless of the date on which the offence was committed.
The victim and his family can go to the clinic of their choice.
Art. 16Contributions to fees for aid to more long term provided by a third party costs of longer-term assistance provided by a third party benefits are covered: a. fully, if, within the meaning of art. 6, al. 1 and 2, entitled determinants income does not exceed double the amount intended to cover the vital needs; b. diminishing, if, within the meaning of art. 6, al. 1 and 2, entitled determinants income lie between double the amount intended to cover vital needs and the four times that amount.
See art. 49 (coordination with the LPC) Section 3 offence committed abroad art. 17 in the case of an offence committed abroad, are entitled to assistance within the meaning of this chapter:
a. the victim, if she was domiciled in Switzerland at the time of the facts, at the time where she submitted her application; b. the relatives, if they were, similarly as the victim, domiciled in Switzerland at the time of the facts, at the time where they introduced asked.
Aid is granted when the State on whose territory the offence was committed not pay benefits or pays inadequate benefits.
Section 4 breakdown of costs between the cantons art. 18. the canton which granted benefits within the meaning of this chapter to a person domiciled in a different canton is compensated by it.
In the absence of intercantonal regulation, the allocation of costs is governed by the following principles: the canton of residence pays fixed contributions to the canton which granted benefits. These contributions are calculated on the basis of expenditures of all cantons for benefits within the meaning of this chapter, divided by the number of beneficiaries.
Chapter 3: compensation and moral compensation by the canton Section 1 compensation article 19 law the victim and his relatives are entitled to compensation for the damage they have suffered as a result of the infringement or the death of the victim.
The damage is fixed according to the art. 45 (damages in case of death) and 46 (damages in case of bodily harm) of the code of obligations. The al. 3 and 4 are reserved.
The damage to property and the damage that may lead to immediate help and services help longer term within the meaning of art. 13 are not taken into account.
Injury related to the inability to household work or care for relatives, are taken into account only if they result in a fee or a reduction in employment.
RS 220 art. 20 calculation benefits the applicant has received third party as compensation for damage are deducted from the amount of the damage during the calculation of the compensation.
Compensation is: a. full, if, within the meaning of art. 6, al. 1 and 2, determining income of the right does not exceed the amount intended to cover the basic needs; b. digressive, if, within the meaning of art. 6, al. 1 and 2, entitled determinants income lie between the amount intended to cover vital needs and the four times that amount.
The amount of compensation is 120 000 francs at most; If this amount is less than 500 francs, no compensation is paid.
Compensation may be allocated in the form of installment payments.
See art. 49 (coordination with the LPC) art. 21 provision the competent cantonal authority grants an allowance to the following conditions: a. the right needs for emergency cash assistance; (b) it is not possible to quickly determine the consequences of the offence with certainty.
Section 2 repair moral art. 22 law the victim and his relatives have the right to moral satisfaction when justified by the seriousness of the infringement; the art. 47 and 49 of the code of obligations shall apply by analogy.
The right to moral satisfaction is not transferable by succession.
RS 220 art. 23 calculation the amount of moral compensation is fixed depending on the seriousness of the infringement.
It may not exceed: a. 70 000 francs, when the person entitled is the victim; b. 35 000 francs, when the beneficiary is someone close.
Benefits the person entitled has received third party moral reparation are deducted.
Section 3 provisions art. 24 request anyone who intends to assert his right to compensation or to moral satisfaction or get an allowance must submit an application to the competent cantonal authority.
Art. 25 times the victim and his relatives must introduce their requests for compensation and moral compensation within a period of five years from the date of the offence or of the moment where they had knowledge of the offence; otherwise, their claims are outdated.
The victim may submit its application until the day of his 25-year: a. breach within the meaning of art. 97, al. 2, of the penal code and art. 55, al. 2, of the military penal code of 13 June 1927; (b) in case of assassination attempt directed against a child under 16 years.
If the victim or his relatives have made civil claims in criminal proceedings before the expiry of the period prescribed in the al. 1 and 2, they can introduce their request for compensation or moral compensation within a period of one year from the moment the decision on the civil claim or the standings are final.
RS 311.0 RS 321.0 art. 26 competent canton canton on whose territory the offence was committed is responsible.
If the author has acted or the result occurred in different places, the competent authority is: a. of the canton in which the first criminal investigation; (b) of the canton of residence of the beneficial owner, if no criminal investigation has been opened; (c) the County in which the first claim for compensation or moral redress was introduced, if no criminal investigation has been opened and that the right has no domicile in Switzerland.
Art. 27 reduction or exclusion of compensation and moral compensation and moral compensation to the victim can be reduced or excluded if it contributed to cause the injury or make worse it.
The indemnity and the moral compensation for a loved one can be reduced or excluded if it or the victim contributed to cause the damage or make worse it.
The moral compensation can be reduced where the beneficial owner has his domicile abroad and, due to the cost of his home life, moral would be disproportionate.
Art. 28 interest no interest is due for compensation and moral.
Art. 29 procedure the cantons provide for a simple and fast procedure. The decision on the extension of a provision is taken after a summary review of the claim.
The competent cantonal authority finds the facts of its own motion.
The cantons designate an authority to use unique, independent of the administration, and enjoying a full power to review.
Chapter 4 Exemption from the costs of the proceedings art. 30. the administrative and judicial authorities receive any charges the victim and his family for the procedures of their rights for advice, immediate help, more long-term assistance, compensation and moral compensation.
Fees may be charged to the bold part.
The victim and his relatives are not required to pay for the free assistance of a defender.
Chapter 5 financial services and tasks of the Confederation art. 31 training the Confederation grants financial aid intended to encourage the specific training of personnel of the consultation centres and responsible people of the assistance to victims.
The Confederation takes into account the specific needs of certain categories of victims, including minors victims of offences against sexual integrity.
Art. 32 extraordinary events if, as a result of extraordinary events, a canton must bear particularly high fees, the Confederation may grant compensation.
In case of extraordinary events, Confederation coordinates necessary, in collaboration with the cantons, the activity of the centres of consultation with the competent cantonal authorities.
Art. 33 the federal Council assessment ensures that the adequacy, efficiency and the economic nature of the measures provided for by this Act periodically an evaluation.
Art. 34-44 repealed by section II 10 of annex 1 to the PPC from 5 oct. 2007, with effect from Jan 1. 2011 (2010 1881 RO; FF 2006 1057).
Chapter 7 provisions final art. 45 of the federal Council implementing powers the federal Council periodically adapts to higher maximum and minimum amounts provided for in art. 20, al. 3; It can adapt to higher prices the maximum amounts provided for in art. 23, al. 2. the federal Council shall issue provisions on the calculation of the overall contributions provided for in art. 18, al. 2, and on the necessary statistics.
The federal Council may issue further provisions on the modalities of contributions to costs for longer term assistance provided by a third party, compensation and moral; It can create packages or rates for the moral compensation. It may also depart from the provisions of the LPC in order to take into account the particular situation of the victim and his family.
RS 831.30 art. 46 repeal of the law in the Federal Act of 4 October 1991 on assistance to victims of offences is repealed.
[RO 1992 2465, 1997 2952 ch. III, 2002 2997, 2005 5685 annex c. 20]
Art. 47 change of the law in force the change in the law in force is set in the annex.
Art. 48 transitional provisions are governed by the old law: a. the right to obtain compensation and moral satisfaction for acts that occurred before the entry into force of this Act; the deadlines prescribed in art. 25 are applicable to the right to obtain compensation and moral satisfaction for acts that took place less than two years before the entry into force of this Act; b. Requests for contributions to the charges which are pending at the entry into force of this Act.
Art. 49 coordination of this Act (new LAVI) with the law of 6 October 2006 on the supplementary benefits (new CPA) regardless of the order in which the new LAVI and the new CPA come into force, on the entry into force of the last of the two laws or their simultaneous entry into force, the following provisions of this Act have the following content : Art. 6, al. 1 and 2...
Art. 20, al. 2...
RS 831.30 the CAP came into effect Jan 1. 2008 art. 50 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.
Annex (art. 47) amendment of the law in force.
Mod. can be found at the RO 2008 1607.
State on January 1, 2013