Facts

Parties: Appellant X. against the Public Prosecutor's Office of the Canton of SocRA

Court: Criminal Division of the Federal Supreme Court

Date: April 18, 2016

Facts:

  • The mother of A. accused X. of sexually abusing her daughter between 2006 and 2008.
  • X. was taken into pre-trial detention and later acquitted.
  • X. lost his job as a teacher and sought compensation for economic losses.
  • The Criminal Court and the Higher Court of the Canton of SocRA granted X. partial compensation but rejected further claims.
  • X. filed an appeal with the Federal Supreme Court to obtain further compensation.

Considerations

The Federal Supreme Court examined the appellant's claims for compensation for economic losses pursuant to Art. 429 para. 1 lit. b CrimPC. It established that the state must fully compensate all damage that is in an adequate causal relationship with the criminal proceedings. It is not necessary that the economic loss be attributable to a specific procedural act. The damage caused by the loss of employment is generally to be compensated.

The Federal Supreme Court noted that claims for compensation and satisfaction are generally assessed according to the legal basis applicable at the time of their occurrence. It may exceptionally be permissible to assess the entire claim under the…