312.5 — VSA
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 23 March 2007 (Last amended on 1 January 2025)
The Federal Assembly of the Swiss Confederation,
on the basis of Articles 123 and 124 of the Federal Constitution 1 ,
and having considered the Federal Council dispatch of 9 November 2005 2 ,
decrees:
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:
Victim support includes:
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.
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.
Counselling, emergency assistance and longer-term assistance from the counselling centres shall be provided free of charge to victims and their relatives.
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 2006 4 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.
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.
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.
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.
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.
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.
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 reserved 9 . 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.
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
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.
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.
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.
The costs of longer-term third-party assistance are covered as follows:
If an offence has been committed abroad, the following persons are entitled to assistance under this chapter:
Assistance is only provided if the state in which the offence was committed does not provide any benefits or the benefits provided are insufficient.
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.
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 Obligations 14 , 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.
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:
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.
The competent cantonal authority shall make an advance payment if:
Victims and their relatives are entitled to satisfaction if the severity of the harm justifies it; Articles 47 and 49 of the Code of Obligations 17 apply mutatis mutandis .
The right to satisfaction is not transmissible under the law of succession.
Satisfaction is calculated according to the severity of the harm.
It amounts to a maximum of:
Satisfaction payments by third parties shall be deducted.
Any person wishing to claim damages or satisfaction or receive an advance on damages must submit an application to the competent cantonal authority.
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:
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.
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:
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.
No interest is payable on the damages or satisfaction.
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.
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.
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.
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.
The Federal Council shall ensure that the effectiveness, appropriateness and financial viability of the measures under this Act are regularly reviewed.
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 SBA 22 in order to take account of the particular circumstances of victims and their relatives.
The Victim Support Act of 4 October 1991 23 is repealed.
The amendment of the current legislation is regulated in the annex.
The previous law applies to:
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 …
This Act is subject to an optional referendum.
The Federal Council shall determine the commencement date. Commencement date: 1 January 2009 26
(Art. 47)
The enactments below are amended as follows:
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