Facts
On 8 October 1993, a traffic accident occurred in Bülach, involving two vehicles. The driver of one of the vehicles, Z., was charged with driving under the influence and violating traffic rules. The plaintiff, X., who was driving the other vehicle, suffered a severe cervical trauma and became 100% disabled. X. requested to be recognized as a victim within the meaning of the Victim Support Act (VSA) and demanded that her rights be respected in the criminal procedure.
The court of first instance convicted Z. of driving under the influence and violating traffic rules, but did not uphold the charge of bodily harm. X. appealed, requesting that the case be referred back to the first instance to examine the charge of bodily harm. The court of appeal dismissed the appeal, considering that X. was not a victim within the meaning of the VSA.
Considerations
The Federal Court examined the question of whether X. could be considered a victim within the meaning of the VSA. It considered that the VSA applies to persons who have suffered direct harm to their physical, sexual or psychological integrity as a result of an offense. However, in this case, the charge only concerned driving under the influence and violating traffic rules, and not bodily harm.
The Federal Court also examined the question of whether the principle of accusation was respected. It considered that the principle of accusation is not undermined by the VSA and that the content of the indictment is decisive for the judge when deciding whether someone can assert rights based on the VSA.
The Federal Court concluded that X. could not be considered a victim within the…