Question juridique clé
Whether the 50% reduction of LAVI compensation for contributory fault was lawful
Solution extraite
Yes. The victim’s repeated violent shoving without apparent reason significantly contributed to the escalation and was not merely slight fault.
Motifs extraits
Under Art. 13(2) LAVI, contributory fault can reduce compensation; for moral damage even slight fault may justify reduction, while for pecuniary loss only sufficiently serious fault does. The cantonal findings showed a meaningful causal contribution by the victim, and the absence of self-defence in the criminal case did not bar a civil-law reduction under LAVI.