Facts
The case concerns a defendant convicted of sexual acts with children and rapes. The victims requested compensation for moral damages, which the court of first instance set at varying amounts for each victim. The victims appealed, requesting an increase in these amounts and interest on the allocated sums. The cantonal court increased the compensation amounts but refused interest, considering that the determination of compensation amounts was based on the circumstances at the time of the judgment.
The victims then filed a nullity appeal with the Federal Court, challenging the cantonal court's decision and requesting higher compensation as well as interest on the allocated sums. The Federal Court admitted the nullity appeal, considering that the victims had the right to file a nullity appeal against the cantonal decision regarding their civil claims.
Considerations
The Federal Court considered that the victims had the right to file a nullity appeal against the cantonal decision regarding their civil claims, as the defendant had filed a joint appeal on the criminal action, which fulfilled the conditions of Article 271 para. 1 FCJA.
The Federal Court also considered that compensation for moral damages to victims of offenses against sexual integrity is due with interest. Interest on compensation generally accrues from an average date when the…