Facts
The complainant [R.] was hit by a car as a pedestrian in Willisau on the night of December 26, 1999, and suffered injuries. Following a criminal complaint by the injured party, a criminal investigation was launched against the driver for negligent bodily harm. The Amtsstatthalteramt Willisau investigated [R.] for not using the sidewalk. Both criminal proceedings were subsequently discontinued.
Following an objection by the private plaintiff, the Amtsgericht Willisau ruled on the criminal case regarding negligent bodily harm. It acquitted the driver of guilt and punishment with a judgment of November 30, 2000. The private plaintiff (who had been granted free legal aid) was ordered to pay the opposing party's attorney's fees (in the amount of CHF 4,324.25).
The complainant filed an application with the victim support office of the canton of Lucerne for cost compensation for the costs of the pending criminal proceedings (including opposing attorney's fees) and for assumption of the party compensation imposed on him by the Amtsgericht. The victim support office rejected the application in its entirety. An appeal against this decision was also rejected by the Verwaltungsgericht of the canton of Lucerne.
Considerations
The Federal Court rules as the last instance on administrative court appeals against decisions within the meaning of Art. 5 APA. The appeal in victim support cases is admissible against decisions of the last cantonal instances.
The Verwaltungsgericht has dealt with aspects of free legal aid only in a preliminary manner, namely in connection with the subsidiarity of victim support to free legal aid. Victim support according to Art. 3 para. 4 VSA is, according to the case law of the Federal Court, to be distinguished from free legal aid under cantonal procedural law and does not replace it.
Victim support is provided subsidiary to free legal proceedings and representation. If the conditions for the latter are not met, the victim support office must examine…