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RS 173.713.162 Regulation of the Federal Criminal Court of 31 August 2010 on costs, emoluments, costs and allowances of the Federal Criminal Procedure (RFPPF)

Original Language Title: RS 173.713.162 Règlement du Tribunal pénal fédéral du 31 août 2010 sur les frais, émoluments, dépens et indemnités de la procédure pénale fédérale (RFPPF)

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173.713.162

Rules of the Federal Criminal Court on Costs, Fees and Allowances of the Federal Criminal Procedure

(RFPPF)

On 31 August 2010 (State 1 Er January 2011)

The Federal Criminal Court,

Having regard to art. 53, para. 2, let. A, and 73 of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 , given art. 63-65 of the Federal Act of 20 December 1968 on the administrative procedure (PA) 2 , given art. 25, para. 4, of the Federal Act of 22 March 1974 on Administrative Criminal Law (DPA) 3 ,

Stops:

Chapter 1 ProcedCharges

Section 1 General provisions

Art. 1 Procedal Costs

1 The costs of the proceedings include emoluments and disbursements.

2 The emoluments are due for the operations carried out or ordered by the Federal Judicial Police and the Public Prosecutor's Office in the preliminary proceedings by the Federal Court of Criminal Procedure of the Federal Criminal Court in the proceedings At first instance, and by the Court of Human Rights of the Federal Criminal Court in appeals according to Art. 37 LOAP.

3 The disbursements shall be the amounts paid in advance by the Confederation; they shall include, in particular, the costs attributable to the defence of office and free legal assistance, translation costs, costs of expertise, costs of Participation of other authorities, postage and telephone charges and other similar fees.

4 For simple cases, flat-rate emoluments, also covering disbursements, may be provided for.

Art. 2 Expense List

1 The Federal Judicial Police and the Public Prosecutor's Office separately list their fees.

2 The Federal Judicial Police shall deliver its list of expenses to the Public Prosecutor's Office at the end of the police investigation phase.

3 The Public Prosecutor's Office shall attach the lists of costs of the preliminary proceedings, including that of the indictment, to the indictment which it provides to the Criminal Court of the Federal Criminal Court.

4 In the case of a delegation of the case to the cantonal criminal authority, the public prosecutor of the Confederation shall attach to the proceedings the lists of costs of the federal procedure.

5 When making a non-entry order (s. 310 of the Code of Criminal Procedure, CPP 1 ), classification (art. 319 ss. CPC), a Criminal Order (s. 352 ss and 376 ff. CPP) or a subsequent independent judicial decision (art. 363 ff. CPP), the Public Prosecutor's Office decides on the collection of fees.

6 At the close of the proceedings, the Criminal Court of the Federal Criminal Court shall attach its own list of costs to those submitted with the indictment. Until the closure of the proceedings, the Public Prosecutor's Office is required to submit to the Federal Court of Criminal Court its list of costs for the exercise of its party rights in the judicial proceedings.


Art. 3 Advance of costs in appeal proceedings

1 As long as the law provides for it, the courts of complaint of the Federal Criminal Court may levy an advance of costs equivalent to the costs of the alleged proceedings. If there are specific reasons for this, the collection of all or part of the advance may be waived.

2 An appropriate time limit for providing the fee advance is for the payment of this claim. In the case of international assistance in criminal matters, the appeal is inadmissible if the advance is not paid within that period (Art. 63, para. 4, PA). In other cases, an additional time limit is set. If the advance is not paid within that second period, the action shall be inadmissible.

3 The credit union of the Federal Criminal Court is competent to collect the advance fees.

Art. 4 Due

The emoluments and disbursements are due to the force of the decision.

Section 2 Fees

Art. 5 Computational basis

The amount of the fee is calculated on the basis of the magnitude and difficulty of the case, the manner in which the parties are proceeding, their financial position, and the Chancery workload.

Art. 6 Fees collected in the preliminary proceedings

(art. 73, para. 3, let. A, LOAP)

1 The fees for police investigations and training include the costs of research or training, fees for decisions and other procedural acts and the costs of the final decision.

2 The training fee includes the cost of the police activity deployed during the training.

3 The following amounts are collected as emoluments for police investigations:

A.
In the case of a closure by a non-entry order (Art. 310 CPP 1 ): from 200 to 5000 francs;
B.
In the case of the opening of an instruction: from 200 to 50 000 francs.

4 The following amounts are collected as emoluments for the appraisal:

A.
In the case of closure by a criminal order (art. 352 ff. CPP): from 200 to 20 000 francs;
B.
In the case of closure by a classification order (Art. 319 ff. CPP): from 200 to 40 000 francs;
C.
In case of closure by indictment (art. 324 ff, 358 ff, 374 ff PC): from 1000 to 100 000 francs;
D.
In case of closure by another decision (Art. 316, 363 ff, 376 ss CPP): from 200 to 20 000 francs.

5 The total fees for police investigations and training shall not exceed 100 000 francs.


Art. 7 Fees collected in the first instance proceedings

(art. 73, para. 3, let. B, LOAP)

In cases brought before the Court of Criminal Cases, the legal fees vary between:

A.
200 and 50 000 francs before the single judge;
B.
1000 and 100,000 francs before the court composed of three judges.
Art. 8 Fees collected before the Court of Complaints

(art. 73, para. 3, let. C, LOAP, s. 63, para. 4 Bis And 5, PA, art. 25, para. 4, DPA)

1 For the appeal procedure under Art. 393 ff. 1 And according to the DPA, fees of 200 to 50 000 francs may be collected.

2 The fees for other procedures under the CDPF range from 200 to 20 000 francs.

3 Perceived emoluments for MAP procedures:

A.
For cases where there is no financial interest between 100 and 5000 francs;
B.
For other causes: from 100 to 50 000 francs.

Section 3 Disbursements

Art.

1 Disbursements are fixed at the price charged to or paid by the Confederation.

2 Detention costs are excluded.

Chapter 2 Costs and allowances

Section 1 Costs to the Parties

Art. 10

The provisions laid down for ex officio defence also apply to the calculation of compensation for defendants wholly or partly paid to private defence, as well as to the successful complainant, in whole or in part, or To third parties under s. 434 CPI 1 .


Section 2 Indemnities allocated to legal counsel

Art. 11 Principle

1 Legal fees include fees and disbursements, such as travel, meals and overnight expenses, and postage and telephone charges.

2 This Regulation does not apply to relations between the lawyer of choice and the party he represents in the criminal proceedings.

Art. 12 Honoraria

1 The fees shall be fixed according to the time actually spent on the cause and necessary for the defence of the party represented. The hourly rate is at least 200 francs and a maximum of 300 francs.

2 Where the lawyer does not send the count of his or her benefits before the closing of the proceedings or within the time limit fixed by the management of the proceedings, or, in the proceedings before the Court of Complaints, with his or her sole or final writing, the Amount of the fees is fixed according to the judgment of the court.

Art. 13 Bears

1 Only actual costs are reimbursed.

2 However, the reimbursement of costs may not exceed:

A.
For travel to Switzerland: the price of the first-class half-price railway ticket;
B.
For air travel from abroad: the price of the economy ticket;
C.
For lunch and dinner: the amounts referred to in s. 43 of the DFF Order of 6 December 2001 concerning the Ordinance on the Personnel of the Confederation (O-OPers) 1 ;
D.
The price of one night, including breakfast, in a single room in a three star category hotel, instead of the act of the procedure;
E.
50 cents per photocopy; in great series, 20 cents per photocopy.

3 In place of the reimbursement of travel expenses by train, compensation may exceptionally be granted for the use of a private motor vehicle, in particular if it allows for considerable time saving; the allowance shall be fixed in accordance with Kilometres travelled, in accordance with s. 46 O-OPers.

4 In the event that special circumstances warrant, a lump sum may be awarded instead of the actual cost of reimbursement under para. 2.


Art. 14 Value Added Tax (VAT)

Fees and disbursements are non-VAT.

Section 3 Allowances to be paid to witnesses and to give information

Art. 15 Principle

1 Witnesses shall be entitled to a fair compensation to cover their loss of profits and expenses.

2 The management of the procedure may allow witnesses who are called upon to move from another canton or from abroad an equitable advance on the disbursements caused to them by the procedure.

3 Witnesses may be required to provide evidence.

Art. 16 Witness Allowance

1 Witnesses shall receive a lump sum allowance according to the time spent on the procedure, including the length of time required for travel, which varies between:

A.
30 and 100 francs, where the time spent on the proceedings does not exceed a total of half a day;
B.
50 and 150 francs per day, when the time spent on the procedure exceeds a total of half a day.

2 Witnesses who provide sufficient evidence of their loss of profits or who make it plausible receive compensation which, as a general rule, varies between 25 and 150 francs per hour.

3 Where justified by particular circumstances, the management of the procedure may decide to grant the witness compensation for his or her loss of employment. Such compensation shall not be taken into account if the loss of profits is extraordinarily high.

Art. 17 Bears

1 Only actual costs are reimbursed. However, the reimbursement of costs may not exceed:

A.
For travel to Switzerland: the price of the second half-priced railway ticket;
B.
For air travel from abroad: the economy ticket price;
C.
For lunch and dinner: the amounts referred to in s. 43 O-OPers 1 ;
D.
The price of one night, including breakfast, in a single room in a three star category hotel, instead of the procedural act.

2 In place of the reimbursement of travel expenses by train, compensation may exceptionally be granted for the use of a private motor vehicle, in particular if it allows for considerable time saving; the allowance shall be fixed in accordance with Kilometres travelled, in accordance with s. 46 O-OPers.

3 If, as a result of illness, because of an infirmity, because of old age or for other reasons of the same nature, a witness had to borrow a special means of transport, he is entitled to reimbursement of the costs relating thereto. If, due to special circumstances, a witness needs a accompanying person, that person is entitled to an allowance that is the same as that allocated to the witnesses.

4 In the event that special circumstances warrant, a lump sum may be awarded instead of the actual cost of reimbursement under para. 1.


Art. 18 Allowance for persons to provide information

Individuals who are required to provide information or other third parties who are affected by evidence-based measures are entitled to the compensation that is allocated to the witnesses.

Section 4 Compensation for experts and interpreters and translators

Art. 19 Compensation for experts

1 As a general rule, experts are compensated according to the performance of their mandate. The tariff applied is a function of the knowledge required, as well as the difficulty of carrying out the mandate; the experts who carry out their activities independently are generally compensated according to the tariffs of the branch to which They belong or according to convention. As a general rule, the amount of compensation shall be fixed on the basis of the expert's note of fees.

2 Before giving a mandate of expertise, the management of the procedure may request a quotation.

3 If the invoice appears to be over, the direction of the procedure may reduce the amount of the allowance. The expert's negligence is regulated by s. 191 CPP 1 .

4 Unless otherwise agreed, the tariffs set out in s. 13 shall apply mutatis mutandis to the reimbursement of travel and meal expenses and other expert disbursements.

5 Fees and disbursements are non-VAT.


Art. Allowances for interpreters and translators

1 As a general rule, interpreters are compensated at the rate of 80 to 120 francs per hour and the translators according to their bill of fees, but to the maximum according to the rate applicable to benefits provided by translators or revisers authorised by the The general administration of the Confederation 1 The rate applied is based on the linguistic and technical knowledge of the interpreter or translator (professional diploma, language licensing, equivalent training or equivalent work experience).

2 If the invoice appears to be overworked, in particular because the interpreter or translator did not discharge his mandate correctly or did not comply with the time limit, the management of the procedure may reduce the amount of the allowance.

3 Unless otherwise agreed, the tariffs set out in s. 17 shall apply mutatis mutandis to the reimbursement of travel and meal expenses as well as to other disbursements of interpreters and translators.

4 The allowances are inclusive of VAT.


1 Annex to the Instructions of the Federal Chancellery on the Use of Private Translators or Reviewers (www.bk.admin.ch/themen/lang)

Chapter 3 Final provisions

Art. Payment and reimbursement of procedural costs

1 In principle all costs of the proceedings, the costs allocated to the parties and the allowances payable to the legal counsel shall be paid by the Public Prosecutor's Office or, in the case of administrative criminal law cases, by the administration Concerned.

2 The costs incurred by the court in the proceedings before the Court of Complaints or after the indictment are charged are paid by the Federal Criminal Court.

3 The decision indicates the extent to which the defendant, the complainant, the person acquitted or the convicted person must reimburse the Confederation for the compensation awarded to the legal counsel.

4 If the ex officio mandate extends over a long period of time, payments may be made, the amount of which shall be determined by the management of the procedure.

Art. Final provisions and transitional law

1 This Regulation shall enter into force on 1 Er January 2011.

2 The Regulation of 26 September 2006 on costs and allowances allocated to the Federal Criminal Court 1 And the Regulation of 11 February 2004 fixing the judicial emoluments levied by the Federal Criminal Court 2 Are repealed.

3 This Regulation shall also apply to cases pending at the time of its entry into force.


1 [ RO 2006 4467 , 2008 5959]
2 [ RO 2004 1585 ]



RO 2010 5817


1 RS 173.71
2 RS 172.021
3 RS 313.0


State 1 Er January 2011