Hamburg · Fees
Cost of criminal defence
The question of cost often comes first. Here you will find the three routes to remuneration and the circumstances that determine the effort a case requires.
The three routes to remuneration
There are three routes: the statutory fees under the Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz, RVG), a fee agreement as a fixed sum or by the hour, and the court-appointed defence under section 140 of the Code of Criminal Procedure (StPO).
The statutory fees are flat amounts that arise for each stage of the proceedings, regardless of the actual effort. A fee agreement reflects that effort and secures the defence the time it needs; an advance payment is usual. In a court-appointed defence the state treasury pays first, and in the event of a conviction the costs are reclaimed.
What determines the effort
How extensive a defence becomes can only be estimated at the outset, not calculated. Three circumstances are decisive above all: the stage at which the mandate begins, the size of the investigation file and the number of hearing days.
A mandate at the investigation stage that ends in a discontinuation calls for a different commitment than a main hearing over several days with an extensive file, expert witnesses and applications for evidence. Where parallel proceedings arise, for instance before the tax office or in insolvency, the coordination effort grows.
How we talk about it
We discuss fees openly at the first meeting, before you instruct us. We tell you which route fits your proceedings and what carries it.
If the proceedings change considerably, for instance through an indictment or a much larger file, we speak about it again rather than presenting you with an invoice.
Frequently asked questions on cost
Can I find out the exact cost in advance?
The statutory fees follow from the RVG and are fixed for each stage of the proceedings. Under a fee agreement the remuneration is set out in writing before the mandate is taken on. How many stages and hearing days will arise is naturally not settled at the outset.
Why is an advance payment required?
An advance payment is usual under a fee agreement. It ensures that the defence can act at once, for instance with access to the file and a protective brief, without the invoicing delaying the work.
Does legal expenses insurance cover a criminal defence?
Whether and to what extent legal expenses insurance covers the matter depends on your policy and on the allegation. Send us your documents and we will clarify the question of cover with the insurer.
What applies in a court-appointed defence?
In the cases of mandatory defence under section 140 StPO the court appoints a defence lawyer. The statutory fees are initially paid by the state treasury and, in the event of a conviction, reclaimed. Accused persons may name a defence lawyer of their choice.
This information is general in nature and does not replace advice on an individual case.
Talk to us
Briefly describe what it is about. At the first meeting we clarify the stage of the proceedings and the fees, before you instruct us.
Request a first meeting