Victim Representation

Injured Persons, Victims, Private Claimants

The Criminal Procedure Code distinguishes three roles that are often confused. An injured person is someone whose rights were directly infringed by the offence. A victim is someone whose physical, sexual or psychological integrity was impaired — this group has additional rights and access to victim support. One becomes a private claimant only by an express declaration: joining the proceedings as a criminal or civil claimant (Art. 118 et seq.).

That declaration is the decisive step — but it is not the line between "all rights" and "no rights". Even without constituting themselves as a private claimant, injured persons and victims are not without rights: where procedural acts directly affect their rights, they are entitled to the procedural rights of a party necessary to safeguard their interests (Art. 105 para. 2 Criminal Procedure Code). Victims additionally have the special protective rights under Art. 152 et seq. — such as being accompanied by a person of trust and avoiding an encounter with the accused — and access to victim support does not depend on constituting themselves at all. A criminal complaint may moreover already count as a declaration of participation in the proceedings (Art. 118 para. 2).

What timely constitution as a private claimant adds is full party status: continuous access to the file, attendance at interviews, evidentiary motions of your own, the possibility of challenging a discontinuation, and the right to assert civil claims within the criminal proceedings. The declaration should be made early and at the latest before the investigation closes.

Criminal Complaint and Application

Offences prosecuted ex officio are pursued by the authorities as soon as they learn of them. For offences prosecuted on application, by contrast, nothing happens unless the injured person files an application within three months (Art. 31 Criminal Code). That deadline is the most common reason why proceedings never begin at all. We draft the complaint so that the facts are comprehensible to the prosecution, identify the evidence and file the necessary applications at the same time.

Damages and Satisfaction

As an adhesion claim you can assert your civil claims directly within the criminal case (Art. 122 et seq. Criminal Procedure Code) — treatment costs, loss of earnings, property damage and satisfaction for the harm suffered. The advantage is obvious: the court already knows the facts, and no second advance on costs arises. It is not guaranteed, though: where the claim is not ready for judgment or would place a disproportionate burden on the criminal proceedings, the court refers it to the civil courts (Art. 126 paras. 2 and 3). Where the offender is not solvent, we examine state compensation and satisfaction under the Victim Support Act.

Protection in the Proceedings

Criminal proceedings should not become a second burden. The criminal authorities must protect victims' personality rights at every stage and avoid an encounter with the accused if the victim so requests (Art. 152 Criminal Procedure Code). Separate waiting rooms, video transmission, interview by a person of the same sex and restrictions on public access are all possible. In cases of domestic violence, civil protective measures are added: contact, exclusion-zone and approach bans and eviction from the home (Art. 28b Civil Code).

Victim Representation in Eastern Switzerland

We support those affected at our offices in Wil SG, Teufen AR and Zurich — in the criminal proceedings, towards insurers and in dealings with the victim support office. The first conversation serves to clarify calmly which steps make sense for you; filing a complaint remains your decision afterwards.