Facts
On January 12, 1997, X. committed a robbery at a residential house, during which he murdered C. and seriously injured O. The High Court of the Canton of Zurich sentenced X. on November 22, 2000, to life imprisonment for completed and attempted murder as well as robbery. The widow A. and the son B. of C. filed a federal nullity appeal with the request to award them a higher satisfaction.Considerations
The Federal Court dismisses the appeal. It states that in the event of the killing of a person, the judge can award the relatives of the deceased an appropriate satisfaction, taking into account the particular circumstances. The nature and severity of the intervention, the intensity and duration of the impact on the personality of the person concerned, as well as the degree of fault of the perpetrator, must be taken into account. The determination of the amount of satisfaction is based on judicial discretion, which the Federal Court only reviews to a limited extent.
The Federal Court notes that the Victim Assistance Act (OHG) is intended to improve the position of victims of crimes by enabling them to assert their civil claims in criminal proceedings. However, the OHG does not stipulate that the principle of investigation must be followed in the assessment of the victim's civil claims. Rather, the rights and obligations of…