Facts
On September 17, 1991, an altercation occurred between [G.], [S.] and [W.], during which [G.] suffered bodily injuries. [G.] filed a criminal complaint and joined the proceedings as a civil party. The Criminal Court found [S.] and [W.] guilty of simple bodily harm and affray, and awarded [G.] his civil claims, ordering [S.] and [W.] to pay him the sum of 5,040 francs jointly and severally with interest. [S.] appealed against this judgment, concluding in particular that [G.] should be referred to bring his claim before the civil court. The Criminal Cassation Court partially upheld the appeal and referred [G.] to bring his claim of 5,040 francs before the civil court. [G.] filed a nullity appeal with the Federal Tribunal against this decision, alleging a violation of Art. 9 of the Federal Act on Assistance to Victims of Offences (LAVI).Considerations
The Federal Tribunal upheld the nullity appeal. It considered that the Criminal Cassation Court had violated federal law by referring [G.] to bring his claim of 5,040 francs before the civil court. Under Art. 9 LAVI, the criminal court must rule on the victim's civil claims, subject to certain exceptions. When the criminal court is seized of a civil claim that can be immediately adjudicated, it cannot refer it to the civil court solely on the ground that another claim must be referred. This…