Facts

The Federal Supreme Court decided in a case where a private plaintiff (X.) was acquitted of the charge of rape as follows:

  • X. had the status of a victim within the meaning of Art. 116 para. 1 CrimPC and Art. 1 VictA in the investigation and first-instance court proceedings. Therefore, the reimbursement of the costs of her gratuitous legal representation in these proceedings cannot be demanded from her, even if the criminal offense could ultimately not be proven.
  • However, the situation is different with regard to the costs of gratuitous legal representation in the appeal proceedings. Here, the obligation to reimburse the costs of gratuitous representation in the appeal proceedings, as stipulated in Art. 138 para. 1 in conjunction with Art. 135 para. 4 lit. a CrimPC, takes precedence over Art. 30 para. 3 VictA.
  • This takes into account the spirit of the Victim Assistance Act and prevents possible abuses. Art. 30 para. 3 VictA does not grant the indigent private plaintiff, who claims victim status, the right to litigate through all instances without any cost risk.

Considerations

In summary, the Federal Supreme…