Questão jurídica principal
Whether the victim could claim OHG compensation despite waiving insurance benefits after the assault.
Decisão extraída
No. A victim who waives insurance benefits and then seeks victim-assistance compensation from the canton acts contrary to good faith and abusively prevents the canton from exercising statutory recourse.
Fundamentação extraída
The waiver neutralized the insurer’s payment, so the canton could neither deduct insurance benefits nor exercise recourse against the insurer. The claimant’s conduct was therefore illoyal toward the state and not protected.