1 Victims have the right to a solidarity contribution. This is a sign of the acknowledgement of the injustice done to them and is intended as a contribution towards making amends.
2 More extensive rights to damages or satisfaction are excluded.
3 The solidarity contribution shall be paid in response to an application.
4 All victims shall receive the same amount. Contributions paid as voluntary emergency aid to victims in difficult financial circumstances shall not be taken into account in the amount of the solidarity contribution paid.
5 The right to the solidarity contribution is personal; it may not be bequeathed or assigned. If a victim dies after submitting an application, the contribution becomes part of the deceased's estate.
6 The following also applies to the solidarity contribution:
- a.
- The contribution is treated under tax law as a satisfaction payment under Article 24 letter g of the Federal Act of 14 December 19903 on Direct Federal Taxation and under Article 7 paragraph 4 letter i of the Federal Act of 14 December 19904 on the Harmonisation of Direct Taxation at Cantonal and Communal Levels.
- b.
- It is treated under debt enforcement law as a satisfaction payment under Article 92 paragraph 1 number 9 of the Federal Act of 11 April 18895 on Debt Enforcement and Bankruptcy.
- c.6
- It does not lead to a reduction in social assistance benefits, in benefits under the Federal Act of 6 October 20067 on Benefits supplementary to the Old Age, Survivors and Invalidity Insurance (SBA), or to benefits under the Federal Act of 19 June 20208 on Bridging Payments for Older Unemployed Persons.
- d.9
- If the victim is subject to a deputyship or another adult protection measure, the victim's representative must ensure that the victim is, as far as possible, free to decide how the solidarity contribution is spent.
7 The principles set out in paragraph 6 also apply to solidarity contributions from cantons and communes that are paid to victims as defined in Article 2 letter d and that fulfil the purpose of this Act. They apply up to an amount of 25,000 Swiss francs.10
8 If the solidarity contribution paid to a victim becomes part of his or her estate on death, paragraphs 6 and 7 no longer apply.11