StPO revision: initial conclusions from the victim’s perspective

The new Code of Criminal Procedure has been in force for around ten months and it is gradually becoming clear how the cantons are dealing with it. The first federal court rulings have also been handed down. It is therefore the right time to remind ourselves once again why this revision came about and what the victim-specific innovations are. Around 70 lawyers, public prosecutors and representatives of the authorities took part in the legal symposium on October 24, 2024.

First court rulings
Regula Echle, public prosecutor for the canton of Solothurn, kicked things off with a confident and differentiated presentation, pointing out the first court rulings. She repeatedly referred to the intentions behind the innovations by asking: What did the legislator want and why did he want it this way?

From the victims’ perspective, the following changes are relevant:

• the free administration of justice also for the victim’s criminal action
• No obligation to reimburse the costs of free legal assistance for victims or relatives
• Security deposits to be paid in the event of defamation
• Protective measures for children during questioning (exception to the accused’s right to participate)
• Victims’ rights to information regarding the decision or order in the case (free service of judgment or order)
• Duty of the public prosecutor to provide information at the end of the investigation (for victims who have not yet been informed of their rights)
• Civil claims, which the public prosecutor’s office can now decide on in the summary penalty order proceedings.

The last two points on this list are the most complex. It will be important to observe the practice in the coming months, as there is little guidance on this. Prosecutor Echle explained in her presentation that the revision had basically achieved the goals set and given victims more rights and options. However, it is now up to the responsible authorities and courts to implement this.

Panel discussion on the experiences
After a break, Beat John, Managing Director of Opferhilfe beider Basel, welcomed the participants to the panel discussion: Alexandra Frank, BS public prosecutor, Fabienne Rehmann, BL public prosecutor, Regula Echle, Solothurn public prosecutor, Béatrice Müller, lawyer and head of the victim support law section of the BS Bar Association, and Sophie Martin, lawyer and advisor to Opferhilfe beider Basel.

The discussion on the topics raised in the presentation, especially on civil claims in summary penalty order proceedings, showed that everyone was willing to take the interests of victims into account in the implementation and to strengthen victim protection. However, it became clear that certain innovations are associated with additional work for the public prosecutor’s offices. This is very challenging at a time when the public prosecutor’s offices are overloaded with cases.

The high workload is felt by all parties – especially the victims. There is a great need for political action here. There is no point in raising awareness and providing information about violence throughout Switzerland if the necessary resources are not available to handle criminal proceedings within a reasonable timeframe.

The discussion also showed that it is very challenging to be a victim advocate. This work can be stressful and engaging. The situation of a victim is associated with so many questions and uncertainties that a lawyer cannot simply concentrate on the criminal proceedings. In addition, representing a victim requires a high level of communication skills. This involves very trauma-sensitive advice and representation. The question of what politicians are doing to ensure that there are enough motivated and committed victims’ representatives was raised. In comparison, there are significantly more criminal defense lawyers.

Many of those present then took part in the panel discussion. The exchange between lawyers, authorities and the public prosecutor’s office was greatly appreciated. The event ended with a well-deserved and welcome aperitif.

Close exchange as a success factor
Close cooperation between victims’ representatives, public prosecutors and the courts (which unfortunately were not present this time) is a key success factor in and for victim protection. Getting to know each other, exchanging ideas, understanding each other and developing further: This creates an important common foundation, can increase efficiency and effectiveness and serves the victims on their way to dignity and justice. The event made an important contribution to this.