Empathetic and committed victim advocacy
Support after a crime – victim representation in Zurich
If you have been the victim or injured party of a crime – be it physical violence, threats, rape, fraud or other offenses – you are not alone.
Victims and injured parties also have mandatory rights in criminal proceedings.
Our law firm will represent you professionally, empathetically and vigorously.
We are committed to ensuring that your interests are protected and your claims are taken seriously – whether in criminal proceedings against the accused or in the assertion of civil claims (e.g. compensation and satisfaction).
As an aggrieved person, you can participate in the proceedings, request access to the files, submit requests for evidence, comment on the case and appeal against decisions with which you disagree.
We support you through all stages of the proceedings, accompany you to hearings, represent you in court and enforce your rights.
The attorneys at Spühler Attorneys at Law are trusted attorneys of various victim counseling centers in the Canton of Zurich.
We have many years of experience in representing victims and are regularly trained in dealing with victims of crime.
Our knowledge of victim representation is not limited to the legal skills required in criminal proceedings, but also includes a sound understanding of the psychological stress experienced by victims.
Particularly in a situation where there is a lack of orientation and support, we are at your side reliably and competently.
FAQ – Frequently asked questions from victims / injured parties of criminal offenses
Victim – what to do?
Initiate criminal proceedings
You can submit a criminal complaint verbally to the police or in writing to the public prosecutor’s office.
A simple description of the incident is sufficient.
You do not have to provide any evidence.
If you wish, we can accompany you to the police or formulate a criminal complaint for you.
Even if you are unsure whether a criminal offense has been committed, we will advise you on possible legal steps.
A criminal complaint informs the authorities of a suspected criminal offense and can be filed by anyone.
A criminal complaint is an explicit declaration by a victim or injured party that a specific person should be prosecuted for a specific offense.
The criminal complaint is mandatory in the case of offenses for which an application is made; without it, no prosecution will take place.
Withdrawal is possible in the case of offenses for which an application has been made, as a result of which the criminal proceedings are discontinued.
In the case of official offenses, on the other hand, withdrawal does not necessarily lead to the proceedings being discontinued, as it is in the public interest to investigate and prosecute serious crimes – regardless of whether the aggrieved person wishes this or not.
However, even in the case of official offenses, there are ways and strategies to achieve a discontinuation of the criminal proceedings.
To this end, it is advisable to consult a lawyer.
A petition offense is an offense that is only prosecuted if the victim or injured party files a criminal complaint within three months of becoming aware of the offender and the offense.
This includes, for example, assault, defamation or damage to property.
We support you in filing an application on time and in the correct form.
Official offenses are serious crimes that are investigated and prosecuted ex officio. This happens regardless of whether the victim reports the crime or not. These include, for example, serious violent and sexual offenses such as rape or grievous bodily harm. In these cases, a tip-off is enough to trigger criminal prosecution.
Victims’ rights – rights in criminal proceedings
If you are affected by a criminal offense, you have various rights under Swiss criminal procedure law.
A distinction is made between injured persons and victims within the meaning of the Victim Assistance Act (OHG).
Rights of injured parties in criminal proceedings
You are considered an aggrieved person if your rights have been directly violated by a criminal offense.
You then have the following rights in summary:
Participation in criminal proceedings as a party (private plaintiff)
- Possibility to participate in the criminal proceedings as a party (private plaintiff) (declaration by the end of the investigation at the latest)
- Criminal complaint: application for punishment of the accused person
- Civil actionClaiming damages and satisfaction in criminal proceedings
- Involvement of a lawyer
- Right to inspection of files and participation in hearings
- Possibility, to file motions for evidence
- Opportunity to comment on the case and the proceedings
- Appeal appeal against procedural decisions or judgments
Waiver of participation as a party
- A deliberate waiver of participation is possible, but is considered final
- In this case, civil claims can be asserted separately in civil proceedings
Rights of victims within the meaning of the Victim Assistance Act (OHG)
Victims within the meaning of the OHG are injured persons whose physical, psychological or sexual integrity has been directly affected by a criminal offense.
In addition, close relatives are also considered to be entitled to claim or victims in certain cases.
Victims have the following rights in addition to the above-mentioned claims:
Information rights
- Information about rights and victim support services
- Free advice from a victim counseling center
- Notification in the event of pre-trial detention being ordered and lifted and the accused person escaping
- Upon request: information on the date of commencement of the sentence and measures, the modalities of execution, release, transfer back and escape of the accused person
Property rights
- Accompaniment by a person of trust during proceedings
- Avoidance of confrontation with the accused person
- Exclusion of the public at court hearings possible
- Special protective rights in sexual offenses (interrogation and translation by a person of the same sex, refusal to testify regarding privacy, composition of the court, etc.)
Special rights for children
- In principle, no confrontation with the accused person
- Interview by specially trained specialists
Financial assistance under the Victim Assistance Act
- Assumption of costs for legal and therapy costs under certain conditions
- Immediate help through advice centers up to CHF 1,000
- Compensation for damages (e.g. loss of earnings, funeral costs) and compensation (in the case of severe emotional distress) by the cantonal victim support service, if this is not recoverable from the accused person.
Yes.
If your rights have been violated by a criminal offense, you can be represented by a lawyer.
It is possible to consult a lawyer at any stage of criminal proceedings.
It is possible for the state to cover the costs of representation by a lawyer (so-called free legal representation).
Even if there is no entitlement to free legal representation, private legal assistance is always possible and often useful.
Yes.
If you constitute yourself as a private plaintiff, you generally have the right to inspect the files.
This allows you to find out what statements have been made and what evidence has been collected.
Access is usually granted by your legal representative, who will also inform you of your procedural options.
As a private claimant, you can lodge an appeal against the discontinuation of criminal proceedings within the deadline.
We will examine the reasons for the discontinuation and represent your interests in the appeal proceedings.
Even if the proceedings are discontinued, civil law claims can still be pursued under certain circumstances.
Financial matters – costs and funding Victim representation
If you as a victim do not have sufficient financial means, you can apply for free legal representation for the criminal proceedings.
The prerequisites for this are a certain level of need and the necessity of legal support in connection with the proceedings.
In addition, financial support can be granted under the Victim Assistance Act (OHG).
We will check the possibilities with you and submit the application if necessary.
Victim counseling centers regularly finance initial legal advice from a law firm (emergency aid).
Your claims must be submitted to the public prosecutor’s office or the court in writing and substantiated – ideally with supporting documents.
As your legal representative, we will quantify and substantiate your civil claim in the criminal proceedings.
This can be taken into account in a summary penalty order or judgment.
If the claim is justified, the public prosecutor’s office or the court can make a monetary payment (satisfaction or compensation) at the expense of the convicted person.
Victim support – claims under the Victim Support Act
The Victim Assistance Act supports people whose physical, psychological or sexual integrity has been violated as a result of a crime.
It includes free advice from a victim advice center, straightforward immediate assistance, longer-term support (e.g. therapy) and, under certain circumstances, financial compensation.
Help is available regardless of whether the perpetrator is known or convicted.
As lawyers, we can also help you to claim benefits under the Victim Assistance Act.
No.
Benefits under the Victim Assistance Act are not dependent on whether you file a criminal complaint.
You can receive counseling, immediate assistance, longer-term support and, under certain circumstances, financial benefits even if you do not file a complaint.
Nevertheless, in individual cases, filing a complaint can help you to assert your rights more effectively.
We will advise you confidentially about your options.
Recognized victim counselling centres offer comprehensive, free and confidential support for victims and their families.
These include
- Crisis intervention and personal, telephone or online counseling
- Accompaniment in criminal proceedingse.g. during interrogations or court hearings
- Referral of specialistssuch as therapists, lawyers or interpreters
- Support with applications for financial help (e.g. for therapy or legal fees)
- Emergency aid in financial emergencies up to CHF 1,000
- Advice also for relativesprofessionals and institutions
The counselling centres specialize in various offences (e.g. domestic violence, sexual offences) or target groups (e.g. children, women) and are subject to professional secrecy.
Advice centers in the canton of Zurich
Women’s counseling on sexual violence
Phone: 044 291 46 46
E-mail: info@frauenberatung.ch
Website: frauenberatung.ch
For women: physical, sexual or psychological violence, domestic violence
BIF – Counseling center for women against violence in marriage and partnership
Phone: 044 278 99 99
E-mail: info@bif.ch
Website: bif-frauenberatung.ch
For women: domestic violence
Victim counseling Zurich
Phone: 044 299 40 50
E-mail: opferberatung@obzh.ch
Website: opferberatung-zürich.ch
For everyone: men, women, LGBTIQ+, young people, children
Women’s emergency hotline Winterthur
Phone: 052 213 61 61
E-mail: info@frauennottelefon.ch
Website: frauennottelefon.ch
For women: physical, sexual or psychological violence, domestic violence
Castagna
Phone: 044 360 90 40
E-mail: mail@castagna-zh.ch
Website: castagna-zh.ch
For children, adolescents, women, men: sexual exploitation in childhood and adolescence
OKey Winterthur office
Phone: 052 245 04 04
E-mail: fachstelle.okey@hin.ch
Website: okeywinterthur.ch
For children, young people: physical, sexual or psychological violence, domestic violence (directly or indirectly affected)
Counseling center kokon
Phone: 044 545 45 40
E-mail: info@kokon-zh.ch
Website: kokon-zh.ch
For children, adolescents, young adults: physical, sexual or psychological violence, domestic violence (directly or indirectly affected)
Child protection group and victim counseling center of the Children’s Hospital Zurich
Telephone: 044 266 76 46 (secretary’s office)
Telephone: 044 266 71 11 (switchboard)
E-mail: opferberatungsstelle@kispi.uzh.ch
Website: kispi.uzh.ch/opferberatungsstelle
For children, young people: physical, sexual or psychological violence
FIZ – Women’s Information Centre for Victim Protection in Human Trafficking (not cantonally recognized, but funded)
Phone: 044 436 90 00
E-Mail: contact@fiz-info.ch
Website: fiz-info.ch
For women, men, trans people: Human trafficking (sexual or labor exploitation)
Advice centers outside the canton of Zurich
You can find further advice centers on the website of Victim Support Switzerland: https://www.opferhilfe-schweiz.ch/de/wo-finde-ich-hilfe/
Aim and scope of application of the Protection against Violence Act (GSG)
The Canton of Zurich’s Protection against Violence Act aims to provide rapid protection for people affected by domestic violence, threats or stalking. It is aimed at people in family or partnership relationships (even after they have ended) and those affected by stalking, regardless of their relationship.
The law allows the police to take protective measures immediately and without a judicial decision. The aim is to prevent escalation and to give the person concerned time and security to think about how to proceed. The Protection against Violence Act supplements civil and criminal law with quick and uncomplicated preventive protection instruments.
What protective measures are possible?
The police can order the following measures, among others, for a period of 14 days on the basis of the Protection against Violence Act:
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Removal of the violent person from the shared home and its surroundings – regardless of ownership or tenancy.
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Prohibition of contact: Prohibition of all communication (including via third parties or digital channels).
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Prohibition from entering (area ban): Ban on approaching certain places (e.g. place of work, school, neighborhood).
These measures can be extended by up to three months upon application to the compulsory measures court.
Failure to comply may result in criminal sanctions or the arrest of the perpetrator of the violence.
Process and procedure for victims of violence
After the protective measures have been ordered by the police, both the person concerned and the person using violence receive a written order.
Within 8 days, the person concerned can apply to the compulsory measures court for an extension of the measures.
The victim counseling centers provide support in this process.
A separate hearing by the compulsory measures court is possible.
The victim counseling center contacts the person concerned after the order has been issued.
They can receive a free, confidential counseling session in their native language.
The counseling center can also provide immediate financial assistance.
The procedure is usually free of charge for the persons concerned.