Facts
The appellant, C., was a victim of a brawl in a nightclub in Neuchâtel, during which he suffered a head trauma and various fractures. The Police Court of the district of Neuchâtel found the perpetrator, K., guilty of simple bodily harm committed with a dangerous object. C. filed a claim for compensation as a victim of the offense committed by K. The Department of Finance and Social Affairs of the canton of Neuchâtel refused any benefits due to the fault committed by the applicant. The Cantonal Administrative Court confirmed this decision, considering that C.'s fault was serious enough to interrupt the adequate causal link between the offense and the damage.
C. appealed to the Federal Court, which admitted his appeal and annulled the decision of the Cantonal Administrative Court. The Federal Court considered that the concomitant fault of the victim could not justify the complete refusal of moral damages, but could lead to a reduction of the compensation.
Considerations
The Federal Court examined the provisions of the Federal Act on Assistance to Victims of Crime (VSA) and considered that the concomitant fault of the victim could not justify the complete refusal of moral damages. It also examined the principles of civil liability and considered that the victim's fault could not be taken into account in the same way as in cases of civil liability.
The Federal Court also examined the method of calculating the compensation and considered that the Cantonal…