Question juridique clé
Can attorney fees incurred by a victim in criminal proceedings be compensated as damage under Arts. 11 ss LAVI?
Solution extraite
Yes, attorney fees may form part of compensable damage under the LAVI when the lawyer's intervention was necessary and appropriate and the fees were not already covered elsewhere.
Motifs extraits
The notion of damage under the LAVI generally follows civil liability law, where necessary lawyer's fees can be a damage item. The LAVI compensation scheme is nevertheless subsidiary and allows a specific solution, but it does not exclude such fees in principle.