Facts
On June 14, 2000, an altercation occurred between X. and her former boyfriend A. X. then contacted the police and filed a criminal complaint against A. for bodily harm and sexual harassment. As the injured party, X. applied to the President of the District Court of Zurich for the appointment of free legal counsel, as she was a student with no significant income or assets and could not afford a lawyer. However, the application was rejected by the District Court and subsequently by the High Court of the Canton of Zurich.
X. then filed a constitutional appeal with the Federal Supreme Court against the decision of the High Court.
Considerations
The Federal Supreme Court states that according to the case law of the Zurich courts, the injured party in a criminal proceeding is only entitled to free legal representation if they are in need. A person is in need if they are unable to cover the litigation costs without having to claim funds necessary to cover their basic needs and those of their family.
The Federal Supreme Court affirms that in assessing the appellant's need, the financial circumstances of her parents must also be taken into account. This is based on the parental maintenance obligation under Article 277 paragraph 2 of the Swiss Civil Code (ZGB), which generally also covers litigation costs. The appellant was therefore obliged to provide information about her parents' financial situation,…