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Swiss Criminal Code

of 21 December 1937 (Status as of 22 November 2022)

Art. 73

6. Use for the be­ne­fit of the per­son harmed

 

1 If as a res­ult of a felony or mis­de­mean­our a per­son has suffered harm and is not en­titled to be­ne­fits un­der an in­sur­ance policy, and if it is an­ti­cip­ated that the of­fend­er will not pay dam­ages or sat­is­fac­tion, the court shall award the per­son harmed, at his re­quest, a sum of money up to the amount of dam­ages or sat­is­fac­tion set by a court or agreed in a set­tle­ment with the per­son harmed and ob­tained from:

a.
the mon­et­ary pen­alty or fine paid by the of­fend­er;
b.
ob­jects and as­sets that have been for­feited, or the pro­ceeds of their sale after de­duc­tion of ex­penses;
c.
com­pens­at­ory claims;
d.
the amount of the good be­ha­viour bond.

2 The court may or­der such an award only if the per­son harmed as­signs the cor­res­pond­ing ele­ment of his claim to the State.

3 The can­tons shall provide a simple and quick pro­ced­ure for cases where their courts are not en­titled to make an award of this nature in a crim­in­al judg­ment.