Questão jurídica principal
Whether the victim could benefit exceptionally from ATF 133 II 361 and claim lawyer’s fees beyond criminal depens
Decisão extraída
Yes. Because the criminal depens decision and the administrative appeal were made before publication of ATF 133 II 361, it would be unequal to treat her differently; the case had to be remitted for a new decision under the former understanding of ATF 131 II 121.
Fundamentação extraída
The decisive factor in ATF 133 II 361 was the confusion created by ATF 131 II 121 for victims. That confusion also existed here, since the new clarification was not yet published when the criminal court ruled on costs and when the LAVI decision was appealed.