Facts
On May 9, 1994, X. became the victim of an attempted homicide and was injured by a gunshot to the left elbow. On April 10, 1996, X. requested victim assistance, claiming a minimum damage of CHF 100,000 and demanding a satisfaction of CHF 20,000. On October 22, 2002, X.'s legal representative specified the request for victim assistance, quantifying the damage at CHF 382,397 (loss of earnings and household damage) and demanding a satisfaction of CHF 80,700.
By decision of April 14, 2004, the Cantonal Government rejected both the compensation request and the request for satisfaction. X. appealed this decision to the Administrative Court of the Canton of Schwyz. The Administrative Court partially upheld the appeal, remitting the case to the lower instance for further clarification of the facts and a new assessment of the claim for damages.
X. filed an administrative court appeal against the decision of the Administrative Court with the Federal Supreme Court. The Federal Supreme Court dismissed the appeal, insofar as it entered into the matter.
Considerations
The Federal Supreme Court found that the relevant time for calculating the victim's income is the time of the determination of the compensation and thus the time of the decision on the compensation. The remaining earning capacity of the appellant must be taken into account in the calculation of the income relevant for the amount of any victim assistance compensation. However, the income that can be…