Law on the Application and Supplementation of the Federal Act on Aid to Victims of Crime (LAV) (LAV)

1 The purpose of this Law is

a) to ensure victims receive advice, immediate assistance, and longer-term support;

b) to establish a procedure for compensation and/or moral redress for victims;

c) to guarantee exemption from court costs for proceedings referred to in letters a) and b);

d) to promote awareness-raising, prevention, information, and training measures on issues related to violence and ill-treatment;

e) to ensure immediate support for relatives, as defined in Article 1, paragraph 2 of the LAV, of persons who have died due to violent death and for minors deprived of adequate parental care due to crimes or traumatic events. [1]

2 The protection of victims and the safeguarding of their rights within criminal proceedings are ensured by the provisions of the Code of Criminal Procedure of 5 October 2007. [2]

Competent Authorities

[1] Para. modified by Law of 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[2] Para. modified by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 260.

[3] 1 The Council of State is the competent authority for the application of the VSA and issues the necessary rules for direct application.

2 In particular, it is the responsibility of the Council of State to

a) promote specific training for persons providing victim support;

b) prepare and support awareness, prevention, and information campaigns;

c) coordinate and foster collaboration among authorities, public services, and private entities;

d) ...

e) conclude agreements with other Cantons concerning the eventual distribution of tasks and expenses arising from the application of federal law or request reimbursement in accordance with Art. 18 para. 2 VSA.

3 The Council of State establishes a Coordination Commission for Victim Support as an evaluative, consultative, and propositional body, and appoints a delegate for victims of crime support.

Cantonal Police

[3] Art. amended by L 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[4] The Cantonal Police carry out the duties established by Art. 8 paras. 1 and 2 LAV and ensure adequate training of officers on assistance to victims of crime.

Counseling, immediate help,

longer-term help, and

immediate support [5]

[4] Art. amended by L 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[5] Marginal note amended by L 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[6] 1 The Council of State defines the organization, activity, and modalities of the counseling provided for in Articles 9 et seq. of the LAV and of immediate support to relatives of persons who have died due to violent death and to minors deprived of the assistance of their parents due to crimes or traumatic events.

2 The Council of State may avail itself of the collaboration of private entities or consultants.

[6] Art. amended by L 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[8] 1 The claim for compensation and/or moral damages must be submitted by the victim to the competent authority within the terms and under the conditions set out in Art. 24 et seq. of the LAV.

2 The Council of State establishes a simple, rapid, and free procedure.

Awareness, prevention,

[8] Art. amended by L 24.3.2010; in force since 1.1.2011 - BU 2010, 479; previous amendment: BU 2008, 517.

[9] 1 The Council of State may grant a subsidy for projects and activities pursuant to Art. 2 para. 2 lett. a) and b) that fall within the scope of the LAV and are organized by public or private non-profit entities.

2 The subsidy is granted through a fixed contribution established in the budget up to a maximum of 75% of the recognized expenses.

[9] Art. introduced by Law of 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

[10] 1 The decision on the request for immediate assistance, for longer-term assistance, and the decision on the claim for compensation and/or moral reparation may be appealed by means of an appeal to the Cantonal Insurance Court.

2 The rules provided by the Procedural Law for cases before the Cantonal Insurance Court of 23 June 2008 are applicable by analogy.

3 The decision on the subsidy may be appealed by means of an appeal to the Council of State, whose decisions may be appealed to the Cantonal Administrative Court.

[10] Art. introduced by Law of 24.3.2010; in force since 1.1.2011 - BU 2010, 479.

1 After the expiry of the terms for the exercise of the right to referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino.

2 The Council of State shall fix the date of its entry into force. [11]

Published in OB 1996, 215.

[11] Entry into force: August 1, 1996 - OB 1996, 215.