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.
Section 1 Damages
Art. 19 Rights
1 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. 2 Damages shall be calculated in accordance with Articles 45 (damages for homicide) and 46 (damages for personal injury) of the Swiss Code of Obligations, subject to paragraphs 3 and 4. 3 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. 4 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.
Para. 2 — SR 220
Art. 20 Calculation
1 Services that the applicant has received from third parties as damages are offset against the loss for the purpose of calculating the damages. 2 The damages cover the loss: a. 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; b. 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. 3 The damages shall not exceed CHF 130,000; no damages shall be paid if they would amount to less than CHF 500. 4 The damages may be paid in two or more instalments.
Para. 2 let. b — See Art. 49 (Coordination with the SBA). Para. 3 — Amended by No I of the Ordinance of 10 April 2024 on the Adjustment of Compensation and Satisfaction Amounts under the Victim Assistance Act in line with inflation, in force since 1 Jan. 2025 (AS 2024 163).
Art. 21 Advance payment
The competent cantonal authority shall make an advance payment if: a. the claimant requires immediate financial assistance; and b. the consequences of the offence cannot be determined with sufficient certainty in the short term.
Section 2 Satisfaction
Art. 22 Rights
1 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 apply mutatis mutandis. 2 The right to satisfaction is not transmissible under the law of succession.
Para. 1 — SR 220
Art. 22 Calculation
1 Satisfaction is calculated according to the severity of the harm. 2 It amounts to a maximum of: a. 76,000 francs for the victim; b. 38,000 francs for relatives. 3 Satisfaction payments by third parties shall be deducted.
Para. 2 let. b — Amended by No I of the Ordinance of 10 April 2024 on the Adjustment of Damages and Satisfaction under the Victim Assistance Act in line with Inflation, in force since 1 Jan. 2025 (AS 2024 163).
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
1 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. 2 Victims may submit an application up to the age of 25: a. for offences under Article 97 paragraph 2 of the Criminal Code and Article 55 paragraph 2 of the Military Criminal Code of 13 June 1927; b. for the attempted murder of a child under the age of 16. 3 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.
Para. 2 let. a — SR 311.0 Para. 2 let. a — SR 321.0
Art. 26 Responsible canton
1 The canton in which the offence was committed has jurisdiction. 2 If the offence was committed in more than one place or if the result occurred in more than one place, the competent authority is: a. the canton in which the criminal investigation was first initiated; b. if no criminal investigation has been initiated: the canton of residence of the claimant; c. 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
1 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. 2 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. 3 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
1 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. 2 The competent cantonal authority shall establish the facts of the case ex officio. 3 The cantons shall appoint a single appeals body that is independent of the administration; this body shall have full power of review.