Questão jurídica principal
Whether lawyer fees already covered by criminal court costs can still be compensated under the LAVI scheme
Decisão extraída
As a rule, LAVI compensation does not cover lawyer fees that should have been claimed and resolved through criminal court costs; the cantonal judgment awarding additional compensation was therefore unlawful on the record before the court.
Fundamentação extraída
The Federal Court held that LAVI damage mirrors civil liability and does not extend beyond what the offender owes under civil-law principles. The victim should normally obtain full attorney fees in the criminal proceedings, subject to proportionality, and only then may residual issues be examined under LAVI in exceptional situations.