What do criminal proceedings cost? Defence fees, lump-sum costs and cost reimbursement

The costs of criminal proceedings are composed of several elements. On the one side stand the costs of your own defence, that is, the fee of the defence lawyer. On the other side stand the costs of the proceedings themselves, which depending on the outcome fall on the convicted person or on the federal state.

The distinction of these two levels is important. The defence fee is a matter between client and counsel. The costs of the proceedings, by contrast, follow the rules of the Code of Criminal Procedure and depend on the outcome of the proceedings.

From a legal perspective it is helpful to consider both levels separately from the start. That way it is possible to assess realistically what to expect in which constellation.

The fee of a chosen defence is governed by the Lawyers Tariff Act (RATG) and the General Fee Criteria (AHK) or by an express fee agreement. Decisive for the amount are in particular the scope and difficulty of the proceedings, the number of hearing days and the effort of the defence.

There is therefore no blanket answer to the question of what criminal proceedings cost. A manageable case before the district court regularly involves a different effort than an extensive case before the lay-judge or jury court.

From a legal perspective an open conversation about the fee before the mandate is therefore advisable. A clear fee agreement creates transparency and avoids later surprises.

If a person is convicted, they in principle bear the costs of the criminal proceedings (Section 389 StPO). A central component is the lump-sum cost contribution (Section 381 StPO). It is to be set within statutory ranges that are graduated by the type of court, from the district court to the jury court.

In assessing the lump-sum cost contribution, the economic capacity of the convicted person is taken into account, among other things. In addition to the lump-sum cost contribution, further costs may arise, for example for certain experts or special investigations.

From a legal perspective it is worth reviewing the cost decision and presenting the economic situation comprehensibly. The question of payment in instalments may also play a role in the individual case.

If the proceedings end with an acquittal or a discontinuance, the federal state in principle bears the costs of the proceedings (Section 390 StPO). This does not, however, mean that your own defence costs are reimbursed in full.

Under certain conditions a federal contribution to the costs of the defence is provided for (Section 393a StPO). This contribution is capped in amount and regularly does not cover the defence costs actually incurred in full.

From a legal perspective it is important to classify this point realistically from the start. An acquittal is a great success but does not automatically mean that the entire fee flows back.

Anyone unable to bear the costs of a defence without impairing the necessary maintenance need not do without a defence. Through legal aid, counsel can be assigned without a fee having to be paid at first. The conditions follow the Code of Criminal Procedure.

From a legal perspective an early application is sensible because the defence is then ensured from the start. How legal aid works in detail and which conditions apply is dealt with in a dedicated article.