Facts
The case concerns the calculation of compensation for a widow and her children after the death of the husband and father due to a criminal act. The cantonal authorities had set the compensation by offsetting insurance benefits of around CHF 120,000. The widow filed a complaint against this offsetting with the Federal Supreme Court.Considerations
The Federal Supreme Court partially upheld the complaint. It stated that under the Victim Assistance Act (OHG), only benefits that serve to compensate for the damage are to be offset. Pure capital insurance, the payout of which would have occurred regardless of the death, are therefore not to be offset in full. Only the part that is directly related to the death must be taken into account. Likewise, benefits…