Victim Support Act (VSA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Principles
1 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). 2 The victim's spouse, children, parents and other persons who are similarly close to the victim (relatives) are also entitled to victim support. 3 This right applies irrespective of whether the perpetrator: a. has been identified; b. acted in culpable manner; c. acted wilfully or negligently.
Art. 2 Forms of victim support
Victim support includes: a. counselling and emergency assistance; b. longer-term assistance from the counselling centres; c. contributions to the cost of longer-term assistance from third parties; d. damages; e. satisfaction; f. exemption from procedural costs; g. …
let. g — Repealed by Annex 1 No II 10 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 3 Geographical scope
1 Victim support is provided if the offence was committed in Switzerland. 2 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
1 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. 2 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
1 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 on Benefits Supplementary to the Old-Age, Survivors' and Disability Insurance (SBA). 2 The allowable income of the claimant is calculated in accordance with Article 11 SBA, based on the person’s anticipated income following the offence. 3 Satisfaction is paid regardless of the claimant’s income.
Para. 1 — SR 831.30 Para. 1 — See Art. 49 (Coordination with the SBA). Para. 2 — See Art. 49 (Coordination with the SBA).
Art. 7 Transfer of rights to the canton
1 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. 2 These rights shall take precedence over the remaining rights of the claimant and third-party rights of recourse. 3 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. 8 Provision of information on victim support and reporting
1 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. 2 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. 3 Paragraphs 1 and 2 apply mutatis mutandis to relatives of the victim.
Art. 8 — Amended by Annex No II 8 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
Art. 8a 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.
Art. 8a — Inserted by Annex 1 No 7 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).