Facts
The complainant, a minor, brought a charge of rape against [X.] . During the investigation, [X.] stated that he had had sexual intercourse with the complainant for payment. The public prosecutor's office expanded the proceedings to include the charge of sexual acts with minors for payment. [X.] was acquitted by the Cantonal Court of Lucerne of the charge of sexual acts with minors for payment. The complainant was ordered to reimburse the costs of the free legal representation as soon as her financial situation permitted.
The complainant requests that the Federal Court, with its ruling in criminal matters, Dispositiv-Ziff. 5.4 of the judgment of the Cantonal Court, be revoked and amended to the effect that the entire costs of the free legal representation be borne by the state treasury. Alternatively, the costs of the free legal representation should be borne by the state treasury at least to the extent of 4/5.
Considerations
The Federal Court examines whether the lower court rightly ordered the complainant to reimburse the costs of the free legal representation. The complainant relies on Art. 30 para. 3 VSA, according to which the victim and their relatives do not have to reimburse the costs of free legal representation.
The Federal Court finds that the complainant had the procedural status of a victim in the investigation and first-instance proceedings, as damage within the meaning of Art. 116 para. 1 CrimPC was credibly demonstrated. Therefore, it is not permissible to impose on her the obligation to reimburse the costs of the free legal representation in the investigation and first-instance proceedings.
However…