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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

Art. 135 Duty defence lawyer's fees

1 The duty de­fence law­yer shall be paid in ac­cord­ance with the table of leg­al fees ap­plic­able in the Con­fed­er­a­tion or in the can­ton in which the crim­in­al pro­ceed­ings were con­duc­ted.

2 The pub­lic pro­sec­utor or the court passing judg­ment shall de­term­ine the fees at the end of the pro­ceed­ings. If the man­date con­tin­ues for a long peri­od or if there is an­oth­er reas­on why it is not ap­pro­pri­ate to wait for the end of the pro­ceed­ings, the duty de­fence law­yer may re­ceive ad­vance pay­ments in amounts fixed by the dir­ect­or of pro­ceed­ings.67

3 The duty de­fence law­yer may con­test the de­cision on fees us­ing the ap­pel­late rem­edy that is ad­miss­ible against the fi­nal de­cision.68

4 If the ac­cused is ordered to pay pro­ced­ur­al costs, he or she must re­pay the fees to the Con­fed­er­a­tion or the can­ton, as soon as his or her fin­an­cial cir­cum­stances per­mit.69

5 The rights of the Con­fed­er­a­tion or of the can­ton are sub­ject to a time lim­it of 10 years from the time when the de­cision be­comes leg­ally bind­ing.

67 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).

68 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).

69 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).