Questão jurídica principal
Whether the spouse's victim-compensation satisfaction under the OHG should be set at CHF 80,000 instead of CHF 25,000
Decisão extraída
The amount cannot be finally determined at this stage because it depends on the reassessment of the victim-husband's satisfaction amount; the case must be remanded to the cantonal court.
Fundamentação extraída
Under Art. 12(2) OHG, satisfaction is determined equitably by analogy to civil-law principles, but remains a state aid and may differ from civil damages. Here, the parties and cantonal authorities proceeded on the premise that the spouse's amount should be about half of the victim's amount. Since the husband's case is also being remanded and his satisfaction amount may change, the spouse's claim must follow that outcome.