Question juridique clé
Whether lawyer’s fees can be reimbursed under LAVI when criminal proceedings already awarded costs/dépens.
Solution extraite
In principle, LAVI may cover necessary lawyer’s fees only where they are not already compensated through criminal costs; a separate LAVI claim cannot serve to top up costs awarded in the criminal case.
Motifs extraits
LAVI damage follows civil liability principles. Where criminal costs already compensate the victim’s lawyer’s fees, later civil/LAVI compensation is excluded. The Geneva practice of claiming the difference from the LAVI authority conflicts with the LAVI system and with the criminal-cost rules; the victim should obtain full reasonable fees in the criminal proceedings.