That's awfully complex. My reasoning is that deliberately harming someone is a crime. Determining if its deliberate, and what should be done about it, is up to a court. This is entirely normal. This is how it works in real life.
Discussion
Deliberately harming someone isn't always a crime though. When the state does it, for example, it isn't. You're saying that that also should be, but also that this guy deserves retaliation from a court. That's what makes no sense to me. It seems to me you're avoiding saying "only the state has the right to retaliation" because you see the error in that.
No one has a right to retaliation.