Question juridique clé
Whether the criminal court could refer the victim's damages claim to the civil court under Art. 9 OHG
Solution extraite
A referral was unjustified because the necessary findings concerned the physical and psychological consequences of the offence and did not require disproportionate effort.
Motifs extraits
An evidentiary inquiry, even with expert evidence, is not enough to bypass the criminal court's duty to decide the civil claim if the issues are directly linked to the offence.