Facts
The complainant [A.B.] was the victim of multiple sexual acts with children committed by [D.] . In the criminal proceedings, [D.] was ordered to pay [A.B.] a party compensation of CHF 12,294.50 including cash expenses and value-added tax. After the conclusion of the criminal proceedings, [A.B.] applied to the Canton of Thurgau to have this party compensation covered as long-term assistance under the Victim Assistance Act (OHG). However, the Department of Justice and Security of the Canton of Thurgau rejected the application. [A.B.] filed a complaint against this decision with the Administrative Court of the Canton of Thurgau.Considerations
The Federal Supreme Court concluded that the lower court was allowed to deviate from the amount of the party compensation awarded to the complainant by the District Court of Weinfelden when determining the long-term assistance under the OHG. This corresponds to the case law of the Federal Supreme Court, according to which a victim who subsequently applies for cost coverage under the OHG is not to be placed in a better position than a victim who was granted free legal assistance in the criminal proceedings. The lower court therefore reviewed the appropriateness of the legal services provided in the criminal proceedings and concluded that the claimed expenses should be reduced by…