CH-OW
Regulations on Compensation for Free Legal Assistance and Official Defense (REVV) - Compensation in General (REVV)
Statutory Text (5 Articles)
1. The canton compensates the pro bono legal counsel and the official defense counsel for the fee and necessary expenses, plus value-added tax, within the framework of the rates pursuant to Art. 31 et seq. of the Fees Ordinance for Legal Proceedings.
2. Unnecessary expenses are not compensated.
3. The standard hourly fee rate is CHF 180. In cases of particular personal and economic significance to the party or in cases of particular complexity, the hourly rate may be appropriately increased.
4. The pro bono legal counsel or official defense counsel must submit a detailed report of the expenditures and corresponding time spent to the competent authority in accordance with Art. 26 of the Court Organization Act.
5. The competent authority instructs the cantonal financial administration to disburse the compensation.
1. The gratuitous legal counsel submits their statement of costs to the competent authority at the last oral hearing or promptly after the announcement of the decision concluding the proceedings.
2. For compensation by the canton pursuant to Article 122 paragraph 2 of the Swiss Code of Civil Procedure, Article 1 of this regulation applies mutatis mutandis.
1. The official defense submits its statement of costs to the competent authority at the end of the main hearing or immediately after the issuance of the decision concluding the proceedings.
2. The competent authority decides on the compensation of the official defense as far as possible in the decision that concludes the proceedings or subsequently in a separate decision. It indicates the legal remedy available against the compensation decision.
3. Upon request, the authority that has made the compensation decision establishes the difference between the official compensation and the full fee, which is to be reimbursed pursuant to Art. 135 para. 4 lit. b of the Swiss Code of Criminal Procedure. Depending on the significance and complexity of the case, the hourly rate for the full fee is considered to be CHF 200.- to CHF 250.- plus value-added tax.
1. Article 3 of this regulation shall apply mutatis mutandis to the compensation of the gratuitous legal counsel of the private plaintiff for the enforcement of their civil claims.
1. This Regulation enters into force on January 1, 2011.