Victim Assistance Costs Not Reimbursable by Accused in Criminal Proceedings

Costs advanced by the cantonal victim assistance office for counseling and immediate aid services under the relevant law are generally considered gratuitous for the victim, and therefore, the victim cannot successfully pursue these amounts against the accused via a civil claim within the criminal proceedings because no actual, uncovered loss position exists for which the accused would be liable. The court reasoned that since the victim has no legal obligation to reimburse the assistance office for these services, no compensable damage in the sense of tort law exists, and thus the victim lacks the standing to claim these funds adhesively from the perpetrator.