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Representation in Bern

Institut Für Kindsvertretung / Institut Für Opfervertretung
Institut Für Kindsvertretung / Institut Für Opfervertretung

Representation in Bern
Institut Für Kindsvertretung / Institut Für Opfervertretung – Contacts & Location
Description
General information
The Institute for Victim Representation is an independent Swiss Institute for the representation of civil and criminal claimants in criminal proceedings.
.The Institute is committed to enforcing and strengthening the rights of victims in criminal proceedings at all stages of proceedings (proceedings before the public prosecutor's office, proceedings before courts, as well as proceedings after conviction). The Institute is committed to ensuring that the authorities applying the law in particular take victims' (protection) rights seriously and comply with them. These include the victim's right to information when the accused is released from custody, as well as the right to participate in the proceedings and protective measures at all stages of the proceedings. The Institute was founded in 2019 by Dr. Herzig and Laura Jost.
Legal bases for the representation of victims in criminal proceedings
The most important legal bases for the representation of victims can be found in the Swiss Code of Criminal Procedure (CPC) and the Victim Assistance Act (OHG). The Code of Criminal Procedure does not mention victims among the parties (Art. 104 Code of Criminal Procedure) or among the other parties to the proceedings (Art. 105 Code of Criminal Procedure). However, every victim is also aggrieved within the meaning of the law and is therefore counted among the "other parties to the proceedings". The victim therefore only acquires party status in the technical sense if they constitute themselves as a private claimant. It is the victim's responsibility to constitute themselves as a private claimant until the conclusion of the preliminary proceedings (Art. 118 para. 3 StPO); if they fail to do so, they will no longer be able to assert their party rights at a later date.
Victim representation in the practice of authorities and courtsThe Institute for Victim Representation represents victims of crime in all proceedings concerning them and works closely with the relevant authorities, victim support services and the victim's wider support network. In doing so, it works to raise awareness of existing victims' rights among the authorities applying the law.
ResearchThe Institute researches the victims' rights in particular the legal position of civil and criminal claimants in criminal proceedings.
Forum
The Institute also sees itself as a forum for exchange between the state (legislators, judiciary) and civil society, academia and practice, national and international actors.
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