Question juridique clé
Whether the appellant could benefit from the exceptional treatment of attorney fees recognized in ATF 133 II 361 under victim-aid law.
Solution extraite
Yes. Because the later clarification had not yet been published when the criminal authorities and the appellant acted, he should not be treated differently from the victim in ATF 133 II 361.
Motifs extraits
The decisive criterion is the confusion that ATF 131 II 121 could create for victims. Since the later case law was not yet published at the relevant time, equal treatment required a renewed exception and a remittal for review of the strictly necessary lawyer activity.