Introductory Act to the Federal Act on Assistance to Victims of Crimes (EGOHG) (EGOHG)

1. The law ensures the implementation of federal law concerning assistance to victims of crimes. It designates the competent bodies and authorities and regulates the applicable procedure.

1. The Cantonal Government shall designate one or more independent counseling centers in accordance with Article 9 of the Federal Act on Assistance to Victims of Crime (Victim Assistance Act) of March 23, 2007. It coordinates the services offered and regulates the specific details.

2. It may assign the tasks of the counseling centers to cantonal agencies or to private or public-law institutions. It may issue performance mandates to them and conclude administrative agreements with them.

3. If it assigns the tasks of the counseling centers to private or public-law institutions, it shall independently and conclusively determine the contributions to these institutions.

1. The counseling centers advise victims and their relatives and support them in exercising their rights. They provide and arrange immediate assistance and long-term help in accordance with Articles 13 et seq. of the Victim Assistance Act.

2. They provide information about victim assistance.

1. The counseling centers are subject to the supervision of the Department of Health and Social Affairs. This department may issue guidelines, particularly to ensure uniform enforcement and quality assurance.

2. The counseling centers shall provide the Department of Health and Social Affairs with all data necessary for service planning and supervisory activities.

1. The counseling centers can arrange immediate assistance from third parties in accordance with Article 13, paragraph 3 of the Victims Assistance Act and cover the associated costs.

2. At the request of the victims or their relatives, the counseling centers issue rulings concerning the immediate assistance from third parties.

3. If the government council delegates the tasks of the counseling centers to private or public-law institutions, it may, by regulation, determine up to what maximum amount the delegated agency may arrange and cover the costs of immediate assistance from third parties. For higher amounts, the Social and Society Office decides.

1. The Department of Social Affairs and Society decides on the cantonal contribution towards long-term assistance from third parties as per Article 16 of the Victims Assistance Act. It issues a decision upon the application of the victim or their relatives.

1. The Social and Society Department decides on

a. applications for compensation as per Articles 19 and 20 of the Victim Assistance Act,

b. applications for an advance on compensation as per Article 21 of the Victim Assistance Act,

c. applications for satisfaction (moral damages) as per Articles 22 and 23 of the Victim Assistance Act,

d. reimbursements of advances.

1. If the compensation claim is rejected, the claimant must refund the advance to the extent that it is reasonable for them to do so.

2. The right to reclaim the advance expires if it is not asserted within one year from the awareness of the finality of a decision rejecting a compensation claim, but no later than ten years after the advance was granted.

1. Insofar as they are not covered by other liable parties, the costs of victim assistance shall be borne by the canton, namely

a. the costs for the services of counseling centers and for the immediate assistance provided by third parties,

b. the cost contributions for long-term assistance by third parties as determined by the Office of Social Affairs and Society,

c. the costs of compensations, advance compensation payments, and for satisfaction claims.

1. If the canton has provided financial benefits based on the Victim Support Act, the Social and Society Department asserts claims against the perpetrator and any other liable parties pursuant to Article 7 of the Victim Support Act.

2. The canton waives the assertion of claims if one of the conditions under Article 7 paragraph 3 of the Victim Support Act is fulfilled.

1. Decisions of the advisory offices and the Social and Society Office pursuant to §§ 5, 6, and 7 can be appealed to the Cantonal Court by filing an administrative court complaint.

2. The Cantonal Court also reviews the discretion exercised.

1. The provisions of the Administrative Procedure Act of July 3, 1972, shall apply to the proceedings, unless otherwise specified by the Victim Assistance Law of the Federation and this Act.

1. To the extent that the Department of Social Services and Society is granted decision-making authority under § 7, it is authorized to review the records of law enforcement agencies and courts.

1. The following enactments are amended according to the annex

a. Act on Administrative Procedure of July 3, 1972,

b. Code of Criminal Procedure of June 3, 1957.

1. The Introductory Act to the Federal Act on Assistance to Victims of Crime (Introductory Act to the Victim Assistance Act, EGOHG) of March 22, 1993, is repealed.

1. For proceedings that are pending at the time this law comes into force, the previous provisions shall apply.

1. The law shall enter into force on January 1, 2010. It is subject to an optional referendum.