Victims receive more Pain and suffering

Around 4.7 million Swiss francs in the year 2018. So a lot of the cantons paid to the Victims of crime as Pain and suffering. A glance at the statistics shows, however: Until ten years ago, it was still significantly more. Also, the average amounts per case were higher. Thereafter, they declined gradually.

The reduction was politically intended. The cantons wanted to save the Genugtuungen, so the Parliament-wrote as of 2009, limits to the victims assistance act. Since then, affected Directly get a maximum of 70'000 Swiss francs, relatives of Victims to a maximum of 35'000 Swiss francs.

it was Clear that the highest amounts were reserved for only the most severe cases. To ensure a uniform practice, issued the Federal office of justice a guide to the cantons for the attention. It contained guideline values for the satisfaction of contributions, graduated according to the severity of the impairment. The guide was not legally binding, however, the cantonal authorities relied heavily on it, says Sandra Müller, head of the cantonal victim assistance office in Zurich.

The contributions will rise significantly to

soon there was criticism of the modified satisfaction in the practice of the cantons. Victim support organizations and lawyers complained, the amounts were generally too deep (read more here about criticism of the legal representatives of the victims assistance). Particularly dreadful is that the state will pay, in most cases less, than the courts zusprächen the Victims, which suggested many of the Affected as an Affront. Finally, an Evaluation commissioned by the Federal government in 2015, came to the conclusion that The guide needed to be revised, and the bandwidth of the Genugtuungen generous taken.

the Covenant is fulfilled now. In October, he has published the adapted guideline. This entered into force immediately and contains significant improvements.

sexual offences: The most striking Change for victims of sexual violence. You can now get a pain of money, up to a maximum of 70'000 Swiss francs. Up to now, not more than 15'000 Swiss francs were provided. In individual cases, with exceptionally severe consequences for those Affected, we have spoken in the past, a higher satisfaction, says Sandra Müller of the cantonal victim assistance office in Zurich. But even these have not reached nearly the amount that is possible today.

thanks to the increase in "can you carry particularly to those cases in which it comes to abuse of children, the life-long trauma lead," says Andrea Papezik by the victim support authority of Basel-Stadt.

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injury: injuries are among the most common offences in the satisfaction of practice. For the most serious cases, with life-long impairment of the victim, there were already the maximum amount of 70'000 Swiss francs. But it has hardly been exhausted, says Iringo Hockley. The lawyer in the Federal office of justice explains this with the local crime. This lead only rarely to the most severe permanent impairments such as quadriplegia.

For many of the lighter cases of body injuries, there were as yet no guidelines for assessment of satisfaction. "We were, therefore, often, if we could also speak in such cases of something," says Papezik. This shortcoming is now resolved: For bodily injury, which lead to a "not insignificant, but the marriage, lumbar impairment," advises the guide, a satisfaction of up to 5000 francs.

Psychological abuse: Who suffer as a result of a Crime, only mental damage, shall also be entitled to a satisfaction. Because there were no reference values, it was difficult to estimate, which is the amount approximately of post-traumatic stress disorder was appropriate, says Papezik.

there are also recommendations for deterioration of mental integrity. The aim of a more appropriate satisfaction for the Concerned, was Hockley says. The amount, however, is limited in most cases to 40'000 Swiss francs, which is well below the maximum amounts for sexual offences or injuries of the body.

members: generous in the new guidelines, the guideline values for pain money to the next of kin of a victim. Upon the death of a parent, of a child or the partner or the partner of the state grants in the future, a satisfaction up to the statutory Maximum of 35'000 Swiss francs. Up to now, were parents of a killed child, a maximum of 20'000 Swiss francs provided.

a challenge is free of charge, prospects are poor

The new guidance was already being used, says Sandra Müller of the cantonal victim assistance office in Zurich. She hopes that the authorities of other cantons walked wide the new band, and to attribute this to a General increase in the Genugtuungen.

it is unclear whether the higher state Genugtuungen in future comply with what the courts award to Victims, such as the numerous Critics in recent years have required. Attorney-at-law Iringo Hockley from the Federal office of justice wants to venture any forecast. She pointed out that the courts have spoken Genugtuungen had a purpose other than those of the victims. They correspond to the amount of the offender to the victim owe. In this case, the culpability of the offender will be included, explained in Hockley.

The satisfaction of the victim assistance is a recognition of the difficult Situation of the victims and their relatives.

The satisfaction of the victim assistance comes only when the offender is insolvent. It is to be paid by the General public and is a recognition of the difficult Situation of the victims and their relatives. In addition, it is limited, unlike the judicial "Pain and suffering" – in amount. "The differences are, therefore, intended by the legislator," says Hockley. It was important in the counseling of the victims of these relationships show.

Who is not a satisfaction of the victim assistance agreement, you can appeal. The complaint is free of charge. High hopes, you may not make but. As Sandra Müller of the cantonal victim assistance, says Zurich, the Federal Supreme court on the question of whether a claim to a satisfaction of the victim there is help, very strict standards.

Created: 17.11.2019, 17:33 PM