Ordinance on procedural costs for prosecution authorities - Procedural Costs

1. The law enforcement authorities pursuant to § 3 of the Law on the Introduction of the Swiss Code of Criminal Procedure (EG StPO) charge the liable persons as procedural costs in all proceedings conducted by them

a) their fees to cover expenses;

b) the chargeable disbursements;

c) a fee upon termination of the proceedings.

1. The expenses include, in particular

a) * Costs for official defense and legal aid according to the tariff for public defenders;

b) Costs for translations;

c) Compensation for experts, especially costs for expert opinions and reports;

d) Costs for the involvement of other authorities;

e) Postage, telephone, and similar expenses;

f) Compensation paid to witnesses and informants for their participation in investigative and examination actions;

g) Costs and expenses incurred through temporary arrest, pre-trial detention, and alternative measures to pre-trial detention;

h) Publication costs;

i) * Costs for the disposal and destruction of seized items and assets.

1. Witnesses and informants shall be appropriately compensated for necessary and documented expenses as well as for proven earnings lost, with a maximum of CHF 130 per hour.

2. Expense reimbursements shall be governed by the provisions of the Expense Ordinance applicable to official travel by state personnel.

3. If witnesses or informants require an accompanying person due to special circumstances, their claims shall be governed by this provision.

1. The expenses include, in particular

a) Flat-rate travel allowance for official trips per assignment;

b) Expenses for transportation, accommodation, and meals during official acts;

c) Costs and expenses for investigative and examination actions;

d) Costs for the use of technical equipment.

1. The following fees are levied for the investigative and examination actions listed below

a) [3]

aa) Written summons: CHF 50

ab) if served by the police: CHF 100

b) Arrest warrant: CHF 100

c) Custody and management of effects: CHF 100

d) Conducting house searches, searches of records, persons, and objects, reconstructions, inspections

da) Base fee and first hour: CHF 400

db) * for each additional begun hour: CHF 130

. multiplied by the number of employees involved

e) * Storage, management, utilization, and destruction of secured and confiscated items and narcotics, as well as management and utilization of assets: CHF 100 to 5,000

f) Obtaining a criminal record extract: CHF 50

g) Issuance and revocation of collective, national dissemination, ST, or IP notifications: CHF 150

h) Ripol notifications (persons) at the cantonal or Swiss level, including revocation: CHF 150

i) Ripol notifications (stolen property) at the cantonal or Swiss level, including revocation

ia) Base fee and first hour: CHF 150

ib) * for each additional begun hour: CHF 130

k) Obtaining information from other authorities (e.g., debt collection office, commercial register, tax authority, etc.): CHF 50

l) Obtaining information from banks, insurance companies, etc.: CHF 100

m) Reports and expert opinions by auditors and other specialists: CHF 500 to 20,000

1. The fee for a decision on a request for disqualification amounts to CHF 100 - 3,000.

1. The following fees are charged for the conclusion of proceedings

a)

aa) Fee upon conclusion of proceedings through filing of charges (including in summary proceedings), order of dismissal, or decision not to proceed, for each chargeable person: CHF 200 to 10,000

ab) in extraordinary cases: up to CHF 50,000

b)

ba) * Fee for an independent measure procedure according to Art. 374 CCP or an independent confiscation procedure according to Art. 376-378 CCP: CHF 200 to 10,000

bb) in extraordinary cases: up to CHF 50,000

c) * ...

2. If the affected person causes additional costs in the mutual assistance procedure through vexatious or abusive behavior, these costs may be imposed on them in the final order.

1. In the penal order procedure, the following fees are charged by the public prosecutor's office or pursuant to § 44 EG StPO by the collection agency

a)

aa) Fee for concluding the procedure through the issuance of a penal order: CHF 200 to 10,000

ab) in extraordinary cases: up to CHF 50,000

b)

ba) Fee for the withdrawal of an objection to a penal order: CHF 50 to 1,200

bb) in extraordinary cases: up to CHF 4,000

c)

ca) Independent subsequent decision (e.g., conversion of fines or monetary penalties, installment payments, etc.): CHF 50 to 1,200

cb) in extraordinary cases: CHF 4,000

d) Fee for the rejection of a request for the reinstatement of a deadline: CHF 50 to 1,200

1. In juvenile criminal proceedings, the following fees are charged

a) Fee upon conclusion of the proceedings by indictment, issuance of a penal order, or decision to dismiss for each liable person: CHF 30 to 500

b) Fee upon issuance of an independent subsequent decision (e.g., conversion of personal performance and fine, revocation of a suspended sentence, etc.): CHF 30 to 500

c) Fee upon issuance of an order regarding the continuation, modification, or cancellation of a protective measure: CHF 30 to 500

d) * ...

1bis. If the concerned person causes additional costs in mutual legal assistance proceedings due to vexatious or abusive behavior, these may be imposed on them in the final decision.

2. The fees to cover the expenses and the chargeable disbursements in juvenile criminal proceedings are governed by this regulation.

3. Procedural costs may be waived for special reasons.

1. For the inspection of files by, as well as the provision of information about a procedure to third parties, but not by and to parties or other participants in the proceedings, who according to Art. 105 para. 2 of the Swiss Code of Criminal Procedure are entitled to party rights to protect their interests, a fee of CHF 100 per hour, which must be paid directly by the liable person, is charged.

a) * ...

b) * ...

2. Authorities entitled to inspect files, as well as official victim support agencies, are not required to pay any fees for file inspections or the creation of photocopies.

1. For the creation of photocopies by law enforcement authorities, the following fee (including processing fee) is charged, which is to be paid directly by the obligated person

a) * Accused person and private complainant per page: CHF 2

b) Third parties (e.g., insurance companies) 1-15 pages: CHF 80

c) * For each additional photocopy: CHF 2

2. For photocopies made on-site by lawyers themselves during file inspection, CHF 0.25 per page is to be paid.

3. Parties' lawyers can receive case files in electronic form. For the electronic provision of case files and the dispatch of data carriers (including processing), a fee of CHF 35 per data carrier is to be paid.

4. Additionally, a fee of CHF 30 per folder is charged for electronic recording.

1. For additional actions by law enforcement agencies, the following fees apply, which must be paid directly by the liable person

a) * In the event of a theft report: search, recovery, and mediation fee

aa) for bicycles: CHF 35

ab) for mopeds: CHF 80

ac) for motorcycles: CHF 150

b) Identification of the owner of a vehicle without a theft report: CHF 40

c) Reminder fees concerning the collection of vehicles: CHF 20

d) Storage of vehicles, mopeds, and motorcycles If the vehicle is not collected within 10 days after the dispatch of the discovery notice, storage costs after this period are

da) Bicycles and mopeds per day: CHF 3

db) Motorcycles up to and including 125 cc per day: CHF 6

e) Disposal fee (administrative expenses plus actual costs of the disposal company according to invoice) for

ea) Bicycles: CHF 25

eb) Mopeds: CHF 35

ec) Motorcycles up to and including 125 cc: CHF 50

2. The fees according to paragraph 1 are also owed in the event that the entitled person waives the return of the vehicle.

1. The prosecuting authorities pursuant to § 3 EG StPO and the collection agency set the fees within the established rates, taking into account the time expenditure, the significance and complexity of the case, as well as the conduct and financial capacity of the person liable for costs.