Institut Für Kindsvertretung / Institut Für Opfervertretung

The Institute for Victim Representation is an independent Swiss institute representing civil and criminal plaintiffs in criminal proceedings.

The Institute is committed to enforcing and strengthening the rights of victims in criminal proceedings at all stages of the proceedings (proceedings before the public prosecutor's office, proceedings before the courts, as well as proceedings after conviction). The Institute is committed to ensuring that the authorities applying the law take victims' rights (and protection) seriously and comply with them. These include, among other things, the victim's right to information when the accused is released from pre-trial detention, 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 Ms. Laura Jost.

Legal basis for the representation of victims in criminal proceedings

The most important legal basis for the representation of victims can be found in the Swiss Criminal Procedure Code (StPO) and the Victim Assistance Act (OHG). The victim is not mentioned in the StPO either among the parties (Art. 104 StPO) or among the other participants in the proceedings (Art. 105 StPO). However, every victim is also considered an injured party within the meaning of the law and is therefore counted among the "other parties to the proceedings." Victims only acquire party status in the technical sense if they constitute themselves as private prosecutors. It is incumbent on the victim to constitute themselves as a private prosecutor by the end of the preliminary proceedings (Art. 118 para. 3 StPO); if they fail to do so, they will no longer be able to assert their rights as a party at a later date.

Victim representation in administrative and judicial practice

The Institute for Victim Representation represents victims of crime in all proceedings concerning them and works closely with the competent authorities, victim support services, and the victim's wider support network. In doing so, it works to raise awareness of existing victim rights among the authorities that apply the law.

Research

The Institute conducts research on victims' rights, in particular on the legal status of civil and criminal plaintiffs in criminal proceedings.

Forum

The Institute also sees itself as a forum for exchange between the state (legislators, judiciary), civil society, academia, practitioners, and national and international actors.