Facts
In this case, the Federal Criminal Court examined the issue of reimbursement to the State of the fees of the victim's ex officio counsel under legal aid. Victim X. had been found guilty of sexual acts committed against a person incapable of discernment or resistance. The cantonal court had ordered X. to reimburse the costs related to their ex officio defence, pursuant to Art. 135 para. 4 CrimPC. X. appealed this decision to the Federal Tribunal, arguing a violation of the principle of equal treatment between victims receiving free legal aid and those represented by a lawyer whose fees are covered by victim assistance.Considerations
The Federal Tribunal ruled that Art. 30 para. 3 VSA, which provides that the victim and their relatives are not required to reimburse the costs of free assistance from a defence counsel, constitutes a lex specialis in relation to Art. 135 para. 4 and Art. 138 para. 1 CrimPC. This provision aims to correct an inequality of treatment between…