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Federal Act
on Administrative Procedure
(Administrative Procedure Act, APA)1

of 20 December 1968 (Status as of 1 July 2022)

1 Abbreviation added by Annex No II 3 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 20088125).

Art. 65

V. Leg­al aid

 

1 After the ap­peal has been filed, the ap­pel­late au­thor­ity, its pres­id­ent or the in­struct­ing judge shall on re­quest re­lieve a party who does not have the re­quired fin­an­cial means of the re­quire­ment to pay pro­ced­ur­al costs, un­less his ap­plic­a­tion ap­pears to have no pro­spect of suc­cess.112

2 If it is ne­ces­sary in or­der to safe­guard his rights, the ap­pel­late au­thor­ity, its pres­id­ent or the in­struct­ing judge shall ap­point a law­yer to rep­res­ent the party.113

3 The li­ab­il­ity for the law­yer's costs and fees is de­term­ined in ac­cord­ance with Art­icle 64 para­graphs 2–4.

4 If the party later ac­quires suf­fi­cient fin­an­cial means, he shall be re­quired to re­im­burse the pub­lic cor­por­a­tion or autonom­ous in­sti­tu­tion that has paid the law­yer's fees and costs.

5 The Fed­er­al Coun­cil shall reg­u­late the as­sess­ment of fees and costs.114 Art­icle 16 para­graph 1 let­ter a of the Ad­min­is­trat­ive Court Act of 17 June 2005115 and Art­icle 73 of the Law En­force­ment Au­thor­it­ies Act of 19 March 2010116 are re­served.117

112 Amended by An­nex No 10 of the Fed­er­al Ad­min­is­trat­ive Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS200621971069; BBl20014202).

113 Amended by An­nex No 10 of the Fed­er­al Ad­min­is­trat­ive Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS200621971069; BBl20014202).

114 Amended by An­nex No 10 of the Fed­er­al Ad­min­is­trat­ive Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 21971069; BBl 2001 4202).

115 SR 173.32

116 SR 173.71

117 Second sen­tence amended by An­nex No II 3 of the Law En­force­ment Au­thor­it­ies Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 20088125).