Question juridique clé
Whether Neuchâtel law allowed additional compensation for lawyer-of-choice fees after unjustified detention.
Solution extraite
No. The cantonal liability law did not permit supplementary compensation for defense costs beyond the special criminal-procedure indemnity, except in truly exceptional cases, which were not present.
Motifs extraits
Article 7 Lresp/NE refers to equity only where there is a genuine gap. Here the procedural rules on compensation for an acquitted detainee were a deliberate special regime (lex specialis) limiting compensation to detention-related loss. Defense costs were not a special and grave damage, and the applicant knowingly assumed the risk by switching to counsel of choice.