Regulation for the Implementation of the Introductory Law to the Federal Law on Assistance to Victims of Crimes, of November 24, 1999 - Competent Department

[4] 1 The Department of Economy and Social Cohesion (hereinafter: the department) is responsible for the implementation of the Federal Law on Assistance to Victims of Crime and its federal and cantonal enforcement provisions.

2. It has first-instance jurisdiction over claims for compensation, advance payments, and moral reparations, regardless of the amounts claimed.

3. It ensures the establishment of statistics required by federal law and represents the canton in inter-cantonal relations.

The Neuchâtel Foundation for the Coordination of Social Action is responsible for establishing and managing one or more consultation centers (hereinafter: LAVI centers), in order to meet the needs of the entire population of the canton.

[5] 1 LAVI Centers are responsible for

a) welcoming, supporting, and informing victims as defined in Article 5 LAVI;

b) ensuring immediate and longer-term assistance, following the recommendations issued by the Conference of Cantonal Directors of Social Affairs;

c) providing any other necessary assistance, if necessary by involving designated public or private organizations.

2. They receive and record reports from the police and prosecuting authorities in matters of victim assistance and contact the victim or their relatives in accordance with Article 12, paragraph 2, LAVI.

1 In case of a dispute regarding the granting and terms of financial assistance, the concerned LAVI center shall render a decision.

2. This decision may be appealed to the department.

3. The provisions of the Administrative Procedure Act (APA), dated March 18, 2025 [6], are applicable.

[7] In order to ensure that victims receive all the assistance they need, LAVI centers may utilize the services of public or semi-private organizations, such as

a) polyclinics and services of public hospitals or those recognized as being of public utility;

b) on-call doctors;

c) the adult and youth protection service;

d) the Neuchâtel Psychiatry Center;

e) repealed

f) the social action service and municipal and regional social services;

g) repealed

h) emergency accommodation institutions.

[8]

1. Duty is ensured by

– Emergency Police Services.

2. The Helping Hand is available day and night to receive calls from victims of offenses. It listens, advises, and provides necessary information about the different forms of assistance that can be offered to them.

3. Emergency Police Services receive emergency calls from victims of offenses day and night. In addition to its specific duties, it provides all necessary information about victim assistance.

**[9] 1. The costs related to the activities of the LAVI centers are covered by the State within the framework of the service mandate.

2. For other public or private organizations, the issue of costs is regulated through agreements or service mandates.

3. Attorney fees covered by the LAVI centers are calculated according to the standards applicable in judicial and administrative assistance. Costs concerning urgent matters generally cover no more than four hours of activity. For longer-term assistance, a request must be submitted as soon as it becomes apparent that immediate assistance will not suffice. The consultation center must be regularly informed of the activities carried out in this regard.**

[10] 1 In accordance with Article 11 of the LAVI, and subject to paragraph 3 of this provision, the staff of LAVI centers called upon to provide assistance to victims of offenses are obliged to maintain confidentiality regarding their findings.

2. The obligation to maintain confidentiality is waived when the concerned person gives their consent. In principle, this consent is given in writing.

[11] 1 The application must be submitted within the time limits provided for in Article 25 LAVI.

2. It may be submitted using the official forms established by the department.

[12] Except for specific difficulties of the case within the meaning of Article 8 of the Law on Criminal, Civil, and Administrative Assistance (LAPCA), dated June 27, 2006 [13], a victim who submits a request to the department is not entitled to the appointment of a court-appointed lawyer.

1. The department verifies the facts and orders the necessary evidence of its own accord.

2. The applicant is required to provide it with all useful information and supporting documents.

3. The department may, on its own initiative or upon request, hear the victim personally and make settlement proposals.

When the investigation is concluded, the department issues a decision that may be appealed.

No fees are charged, nor are any costs awarded.

**Order on the Provisional Execution of the Federal Act on Assistance to Victims of Offenses (LAVI), of February 17, 1993 [14], is repealed.**

1. This regulation shall enter into force on January 1, 2000.

2. It shall be published in the Official Journal and inserted into the Neuchâtel Legislation Collection.