Legislation – Federal law concerning Aid to Crime Victims (LAV) Federal Constitution of 18.04.1999 Art. 124 “Aid to crime victims”. The Confederation and the Cantons make provisions so that a person suffering damage of his physical, psychic or sexual integrity as a result of a crime, receives help, as well as fair indemnity if economical difficulties derive from it.
The aim of LAV is to supply efficacious help to crime victims and enforce their rights. Aid consists of:
- consultation, which is ensured by a permanent co-ordination commission, a delegate for victims and the prevention of maltreatment, with two regional units (UIR)
- protection of the victim and guardianship of his rights in a penal proceeding
- indemnity for material damage and moral reparation through a simple, rapid and free procedure
Take-in of victims is ensured on the Canton territory by 4 UIR units composed of operators appointed among administrative service or other public or private bodies specialists.
The delegate and the UIR, in particular, give or procure: to the victim medical, social psychological, material and juridical help, give information.
Every person who, due to a crime, has directly received lesion of his physical, sexual or psychic integrity can benefit by law whether or not the author of the crime has been traced and his behaviour found guilty. The parents, children, as well as any other person close to the victim through similar links, have the same rights as the victim with regard to:
- consultancy
- exercise of procedural rights and civil requests to the measure in which they can enforce them against the author of the crime
- moral indemnity and reparation to the measure in which these people can advance civil demands against the author of the crime
The main task of the police is that of informing.
During the first hearing, the police and investigating authorities must inform the victim of the existence of UIR and his right to be assisted by a lawyer or by a person he trusts.
The police and investigating authorities must inform UIR of the name and address of the victims. The victim, however, has the right to refuse this communication occurring. If the victim is a minor, the Juvenile Magistrate, however, has the faculty of reporting the identity of the victim to the UIR even without his consent, again in particular circumstances justifying it.
The personality of the victim must be safeguarded by the authorities in every stage of the proceeding.
The hearing of the victim must take place in times and ways contemplating his/her psychic conditions and age. The victim, during interrogation as a witness or person obliged to furnish information, can be accompanied and sustained by a trusted person.
He/she may refuse to testify on facts concerning his intimate sphere. Victims of crimes against sexual integrity can insist on being interrogated by people of the same sex.
The victim, even without suing for damages, has the right to be assisted by a lawyer or other trusted person in every stage of the proceeding.
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