3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 322 Neuchâtel Criminal Procedure - CHAPTER ONE Consultation Centers (EGOHG)
Table of Provisions (10)
Statutory Text (10 Articles)
1. The State Council organizes the consultation centers provided for by the Federal Law on Assistance to Victims of Crimes (LAVI), dated October 4, 1991, in such a manner as to meet the needs of the entire population of the canton.
2. It may establish one or more centers and, for this purpose, designate State services or call upon existing public or private medical, social-medical, or social organizations and, if necessary, collaborate on an intercantonal level.
3. It ensures the funding of the centers it establishes.
1. Consultation centers are specifically responsible for
a) providing victims of offenses with the necessary information about the various forms of assistance available to them and the means to obtain it;
b) offering them the essential immediate assistance;
c) subsequently ensuring they receive all the medical, psychological, social, material, and legal assistance they need, either by themselves or by utilizing public or private organizations designated or recognized for this purpose.
2. They receive and record information from the police regarding assistance to victims of offenses.
The Council of State designates the public services and quasi-governmental organizations that are called upon to collaborate with consultation centers to ensure that victims of offenses receive all necessary assistance.
1. The State may support, through financial contributions or in another manner, private institutions that it recognizes and intends to associate with assistance to crime victims.
2. The Council of State sets the conditions for recognition.
3. The established collaboration is generally the subject of an agreement.
[5] 1 For urgent matters requiring immediate action, attorney fees are covered by consultation centers according to the compensation conditions of the attorney appointed for an assistance mandate, as per the relevant cantonal legislation.
2. Furthermore, legal aid for victims of offenses falls under the cantonal legislation regarding criminal, civil, and administrative assistance.
1. The department designated by the State Council (hereinafter: the department) is responsible, in the first instance, regardless of the amounts claimed, for claims of compensation and moral reparation.
2. It is competent to grant an advance to the victim.
1. The proceedings are initiated by the submission of a reasoned application, even if only succinctly, with supporting documents.
2. The department verifies the facts and orders the necessary evidence ex officio. The applicant is required to provide all useful information and supporting documents.
3. The provisions of the Administrative Procedure Act (APA), March 18, 2025 [6], apply for all other matters.
[7] Decisions of the department may be appealed to the Cantonal Court, which has full power of review.
[8]
1. This law is subject to optional referendum.
2. The Council of State shall provide, if necessary, for its promulgation and execution.
3. It shall set the date of its entry into force.
Law promulgated on September 10, 1997.
The entry into force is set to take effect on January 1, 1998.