312.5
Federal Act
on Support for the Victims of Crime
(Victim Support Act, VSA)
of 23 March 2007 (Last amended on 1 January 2025)
Preamble
The Federal Assembly of the Swiss Confederation,
on the basis of Articles 123 and 124 of the Federal Constitution1,
and having considered the Federal Council dispatch of 9 November 20052,
decrees:
Chapter 1 General Provisions
Art. 1 Principles
Any person whose physical, psychological or sexual integrity has been directly harmed by a criminal offence (a victim) is entitled to support pursuant to this Act (victim support).
The victim's spouse, children, parents and other persons who are similarly close to the victim (relatives) are also entitled to victim support.
This right applies irrespective of whether the perpetrator:
has been identified;
acted in culpable manner;
acted wilfully or negligently.
Art. 2 Forms of victim support
Victim support includes:
counselling and emergency assistance;
longer-term assistance from the counselling centres;
contributions to the cost of longer-term assistance from third parties;
damages;
satisfaction;
exemption from procedural costs;
3…
Art. 3 Geographical scope
Victim support is provided if the offence was committed in Switzerland.
If the offence was committed abroad, the services of the counselling centres shall be provided subject to the special conditions specified in this Act (Art. 17); no damages or satisfaction shall be paid.
Art. 4 Subsidiarity of victim support
Victim support benefits are only granted definitively if the offender or another person or institution that is liable fails to make any payment or sufficient payment.
Persons claiming contributions to the cost of longer-term assistance from third parties, or claiming damages or satisfaction must provide credible evidence that the requirements of paragraph 1 are met, unless it is unreasonable to expect them to seek payment from third parties in view of the particular circumstances.
Art. 5 Services free of charge
Counselling, emergency assistance and longer-term assistance from the counselling centres shall be provided free of charge to victims and their relatives.
Art. 6 Consideration of income for other benefits
The entitlement to contributions to the cost of longer-term assistance from third parties and to damages applies only if the allowable income of the victim or their dependants does not exceed four times the relevant amount for general living expenses in accordance with Article 10 paragraph 1 letter a of the Federal Act of 6 October 20064 on Benefits Supplementary to the Old-Age, Survivors' and Disability Insurance (SBA).5
The allowable income of the claimant is calculated in accordance with Article 11 SBA, based on the person’s anticipated income following the offence.6
Satisfaction is paid regardless of the claimant’s income.
Art. 7 Transfer of rights to the canton
If a canton has provided victim support under this Act, the victim or the victim's relatives shall be held to have assigned their rights to benefits of the same kind to which they are entitled because of the offence to the canton to the extent of the support provided by the canton.
These rights shall take precedence over the remaining rights of the claimant and third-party rights of recourse.
The canton shall not assert its right against the perpetrator if this would jeopardise the legitimate interests of the victim or his or her relatives or the perpetrator’s rehabilitation.
Art. 87 Provision of information on victim support and reporting
The law enforcement authorities shall inform the victim about victim support and, subject to certain requirements, forward the victim's name and address to a counselling centre. The related obligations are governed by the relevant rules of procedure.
A person resident in Switzerland who has been the victim of a criminal offence abroad may contact a Swiss representation or the office providing Swiss consular protection. These offices shall provide the victim with information about victim support in Switzerland. Subject to the victim’s consent, they shall notify a counselling centre of the victim’s name and address.
Paragraphs 1 and 2 apply mutatis mutandis to relatives of the victim.
Art. 8a8 Waiver of the duty to report
Employees of the cantonal offices or authorities that decide on financial assistance, damages or satisfaction are not subject to a duty to report suspected offences.
Chapter 2 Services provided by the Counselling Centres
Section 1 Counselling Centres
Art. 9 Services offered
The cantons shall ensure that professionally independent public or private counselling centres are available. The cantons shall take account of the special needs of different categories of victims.
They may operate joint counselling centres.
Art. 10 Inspection of files
The counselling centres may inspect the files of criminal prosecution authorities and courts from proceedings in which the victim or their relatives are involved, subject to their consent.
The right to inspect files may only be denied to the counselling centres if this would also be permitted in relation to the victim under applicable procedural law.
Art. 11 Duty of confidentiality
Persons who work for a counselling centre must treat information that comes to their attention as confidential in dealings with the authorities and private individuals. This duty of confidentiality continues to apply on termination of their employment. The duty to testify under the Criminal Procedure Code remains reserved9.10
The duty of confidentiality may be waived if the person receiving counselling agrees to this.
If the physical, psychological or sexual integrity of a minor or a person subject to a general deputyship is seriously at risk, the counselling centre may inform the child and adult protection authority or file a complaint with the prosecution authority.11
Any person who breaches the duty of confidentiality shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Section 2 Assistance from Counselling Centres and Contributions to Costs
Art. 12 Counselling
The counselling centres shall provide counselling to victims and their families and support them in exercising their rights.
If the counselling centres receive a report in accordance with Article 8 paragraph 1 or 2, they shall contact the victim or the victim's relatives.12
Art. 13 Emergency assistance and longer-term assistance
The counselling centres shall provide victims and their relatives with immediate assistance for the most urgent needs that arise as a result of the offence (emergency assistance).
They shall provide victims and their relatives with additional assistance as necessary until the health of the person concerned has stabilised and until the other consequences of the offence have been resolved or compensated for as far as possible (longer-term assistance).
The counselling centres may arrange for emergency and longer-term assistance to be provided by third parties.
Art. 14 Scope of services
The services include the appropriate medical, psychological, social, material and legal assistance in Switzerland that has become necessary as a result of the offence. If required, the counselling centres shall provide emergency accommodation for victims or their relatives.
A person resident abroad who is the victim of a criminal offence in Switzerland is also entitled to contributions towards the costs of treatment at their place of residence.
Art. 15 Access to the counselling centres
The cantons shall ensure that the victim and his or her relatives can receive emergency assistance within a reasonable period of time.
The services of the counselling centres may be claimed regardless of when the offence was committed.
Victims and their relatives may contact a counselling centre of their choice.
Art. 1613 Contributions to the cost of longer-term assistance from third parties
The costs of longer-term third-party assistance are covered as follows:
in full if, in accordance with Article 6 paragraphs 1 and 2, the claimant's allowable income does not exceed twice the relevant amount for general living expenses;
proportionately if the claimant's allowable income is between twice and four times the relevant amount for general living expenses in accordance with Article 6 paragraphs 1 and 2.
Section 3 Offences committed Abroad
Art. 17
If an offence has been committed abroad, the following persons are entitled to assistance under this chapter:
the victim, if he or she was resident in Switzerland at the time of the offence and at the time of applying for assistance;
the victim's relatives, if both they and the victim were resident in Switzerland at the time of the offence and at the time of applying for assistance.
Assistance is only provided if the state in which the offence was committed does not provide any benefits or the benefits provided are insufficient.
Section 4 Allocation of Costs among the Cantons
Art. 18
A canton that provides services under this chapter in favour of persons resident in another canton shall receive a compensatory payment from the latter.
If these compensatory payments are not made in terms of an intercantonal arrangement, the following principles apply: the canton of residence pays flat-rate contributions to the canton providing the services. The basis for calculation is the total expenditure incurred by the cantons for services under this chapter divided by the number of persons who have received these victim support services.
Chapter 3 Damages and Satisfaction paid by the Canton
Section 1 Damages
Art. 19 Rights
Victims and their relatives are entitled to damages for the financial loss suffered as a result of the harm to or death of the victim.
Damages shall be calculated in accordance with Articles 45 (damages for homicide) and 46 (damages for personal injury) of the Swiss Code of Obligations14, subject to paragraphs 3 and 4.
Property damage and damage that may give rise to emergency assistance or longer-term assistance in accordance with Article 13 are not taken into account.
Losses related to the inability to perform household tasks or provide care for relatives shall only be taken into account if they result in additional costs or a reduction in earning capacity.
Art. 20 Calculation
Services that the applicant has received from third parties as damages are offset against the loss for the purpose of calculating the damages.
The damages cover the loss:
in its entirety, if, in accordance with Article 6 paragraphs 1 and 2, the claimant's allowable income does not exceed the relevant amount for general living expenses;
proportionately, if, in accordance with Article 6 paragraphs 1 and 2, the claimant's allowable income is between one and four times the relevant amount for general living expenses.15
The damages shall not exceed CHF 130,000; no damages shall be paid if they would amount to less than CHF 500.16
The damages may be paid in two or more instalments.
Art. 21 Advance payment
The competent cantonal authority shall make an advance payment if:
the claimant requires immediate financial assistance; and
the consequences of the offence cannot be determined with sufficient certainty in the short term.
Section 2 Satisfaction
Art. 22 Rights
Victims and their relatives are entitled to satisfaction if the severity of the harm justifies it; Articles 47 and 49 of the Code of Obligations17 apply mutatis mutandis.
The right to satisfaction is not transmissible under the law of succession.
Art. 22 Calculation
Satisfaction is calculated according to the severity of the harm.
It amounts to a maximum of:
76,000 francs for the victim;
38,000 francs for relatives.18
Satisfaction payments by third parties shall be deducted.
Section 3 Common Provisions
Art. 24 Application
Any person wishing to claim damages or satisfaction or receive an advance on damages must submit an application to the competent cantonal authority.
Art. 25 Time limits
Victims and their relatives must submit the application for damages and satisfaction within five years of the offence being committed or coming to their knowledge, otherwise their rights shall be forfeited.
Victims may submit an application up to the age of 25:
for offences under Article 97 paragraph 2 of the Criminal Code19 and Article 55 paragraph 2 of the Military Criminal Code of 13 June 192720;
for the attempted murder of a child under the age of 16.
Victims or their relatives who have asserted civil claims in criminal proceedings before the expiry of the time limits under paragraph 1 or 2 may submit an application for damages and satisfaction within one year of the final decision on the civil claims or the discontinuation of the criminal proceedings.
Art. 26 Responsible canton
The canton in which the offence was committed has jurisdiction.
If the offence was committed in more than one place or if the result occurred in more than one place, the competent authority is:
the canton in which the criminal investigation was first initiated;
if no criminal investigation has been initiated: the canton of residence of the claimant;
if no criminal investigation has been initiated and the claimant is not resident in Switzerland: the canton in which the first application for damages or satisfaction was made.
Art. 27 Reduction or refusal of damages and satisfaction
Damages and satisfaction payable to the victim may be reduced or refused if the victim has contributed to the occurrence or aggravation of the harm.
Damages and satisfaction payable to the relatives of victim may be reduced or refused if they or the victim have contributed to the occurrence or aggravation of the harm.
Satisfaction may be reduced if the claimant is resident abroad and the amount of satisfaction would be disproportionate to the cost of living at the place of residence.
Art. 28 Interest
No interest is payable on the damages or satisfaction.
Art. 29 Procedure
The cantons shall provide for a simple and rapid procedure. The decision on an application for an advance payment of damages shall be based on a summary assessment of the application.
The competent cantonal authority shall establish the facts of the case ex officio.
The cantons shall appoint a single appeals body that is independent of the administration; this body shall have full power of review.
Chapter 4 Exemption from Procedural Costs
Art. 30
The administrative and judicial authorities shall not charge victims and their relatives any costs for their procedures relating to the provision of counselling, emergency assistance, longer-term assistance, damages and satisfaction.
Costs may be imposed on persons who bring legal proceedings in bad faith.
Victims and their relatives shall not be required to reimburse the costs of a legal representative appointed to act on their behalf free of charge.
Chapter 5 Financial Benefits and Tasks of the Federal Government
Art. 31 Training
The Confederation shall provide financial assistance to promote the specialist training of staff at counselling centres and of those responsible for victim support.
It shall take account of the special needs of certain categories of victims, in particular the needs of minors who are victims of sexual offences.
Art. 32 Extraordinary events
If a canton incurs particularly high expenses as a result of extraordinary events, the Confederation may make compensatory payments to the canton concerned.
In the case of extraordinary events, the Confederation shall coordinate the activities of the counselling centres and the competent cantonal authorities in cooperation with the cantons to the extent required.
Art. 33 Evaluation
The Federal Council shall ensure that the effectiveness, appropriateness and financial viability of the measures under this Act are regularly reviewed.
Chapter 6 …
Art. 34–4421
Chapter 7 Final Provisions
Art. 45 Legislative powers of the Federal Council
The Federal Council shall periodically adjust the maximum and minimum amounts in accordance with Article 20 paragraph 3 in line with inflation; it may adjust the maximum amounts in accordance with Article 23 paragraph 2 in line with inflation.
It shall issue regulations for the calculation of the cantonal lump-sum contributions in accordance with Article 18 paragraph 2 and on the statistical surveys required for this purpose.
It may issue regulations on the organisation of contributions to the cost of longer-term assistance from third parties, damages and satisfaction and, in particular, set flat rates or tariffs for satisfaction. It may deviate from the rules in the SBA22 in order to take account of the particular circumstances of victims and their relatives.
Art. 46 Repeal of previous legislation
The Victim Support Act of 4 October 199123 is repealed.
Art. 47 Amendment of previous legislation
The amendment of the current legislation is regulated in the annex.
Art. 48 Transitional provisions
The previous law applies to:
claims for damages or satisfaction for offences committed before this Act comes into force; for claims arising from offences committed less than two years before this Act comes into force, the time limits set out in Article 25 apply;
applications for contributions to costs that were submitted before this Act comes into force.
Art. 49 Coordination of this Act (new VSA) with the Federal Act of 6 October 200624 on Supplementary Benefits to Old-Age, Survivors' and Invalidity Insurance (new SBA)
Irrespective of whether the new SBA or the new VSA comes into force first, the following provisions of the new VSA will read as follows when the act that comes into force later comes into force or if both acts come into force at the same time:25
…
Art. 50 Referendum and commencement
This Act is subject to an optional referendum.
The Federal Council shall determine the commencement date.
Commencement date: 1 January 200926
Amendment of current legislation
(Art. 47)
The enactments below are amended as follows:
…27