Admission of the victim's parents as parties to the criminal proceedings

Facts

On September 11, 1992, the Assize Court of the Canton of Geneva sentenced Ms. X. to 8 years of imprisonment for a murder committed against V. The Court reserved the rights of the civil parties (M.V. and F.V., the victim's father and mother).

X. appealed to the Geneva Court of Cassation. At the opening of the pleading hearing on January 13, 1993, the victim's parents requested the right to respond in writing to the accused's appeal and requested the postponement of the pleading hearing. They based their request on the Federal Act on Assistance to Victims of Offences (LAVI), which entered into force on January 1, 1993.

By a judgment of January 25, 1993, the Geneva Court of Cassation admitted the intervention of the civil parties in the proceedings. X. then appealed to the Federal Tribunal, requesting the annulment of this judgment.

Considerations

The Federal Tribunal ruled that the appeal was admissible, as the decision of the Geneva Court of Cassation concerned a question of procedural organization which, by its nature, required a final solution before the continuation of the trial.

On the merits, the Federal Tribunal considered that the Geneva Court of Cassation had not violated federal law by applying Article 8 of the LAVI, which provides for the victim's right to intervene as a party in the criminal proceedings. Although the LAVI did not contain any transitional provisions, and the pleading hearing could not be held before January 1, 1993, the date of entry into force of the law, the application of Article 8 of the LAVI was justified.

Th…