Ordinance of the High Court on Compensation in Legal Proceedings (Compensation Ordinance) (Entschädigungsverordnung) - Conditions and Subject Matter of Compensation

1. Witnesses who have fulfilled their legal duty shall be compensated for loss of time or loss of earnings (witness fees) as well as for necessary out-of-pocket expenses.

1. Witnesses shall receive a flat-rate witness fee of CHF 20.00 to CHF 50.00 if the total call time does not exceed half a day; for longer call times, the compensation shall be increased accordingly.

2. If the call time results in a sufficiently proven loss of earnings that exceeds the framework described in paragraph 1, the compensation may be increased at discretion, but not to exceed CHF 100.00 per hour.

3. The witness may be required to produce supporting documents.

1. The following necessary cash expenses shall be reimbursed

a) The cost of public transportation to the location specified in the summons. Generally, the fare of the cheapest class of service will be replaced.

b) * A mileage allowance for the use of a private motor vehicle according to the rates of the Expenses Ordinance of December 19, 2006, if there are no or only unreasonable public transport connections available.

c) * The expenses for meals in accordance with the Expenses Ordinance of December 19, 2006, as well as the actual costs of accommodation, if the witness, due to the summons, cannot eat and stay overnight at home; unreasonably high accommodation costs may be reduced.

d) The necessary costs for substitute representation, insofar as they are not covered by the compensation according to § 2.

2. The witness may be required to present receipts.

1. Witnesses from another canton or from abroad may be granted a reasonable advance for the cash expenses incurred by them according to § 3.

1. Witnesses who, through their testimony, make themselves suspect of a criminal offense may be temporarily denied compensation; if they are convicted of a criminal offense, they forfeit their right to compensation.

1. If witnesses require accompaniment due to special circumstances, the accompanying person is entitled to compensation in accordance with the aforementioned provisions.

1. The provisions regarding the compensation of witnesses apply correspondingly to informants who are not themselves accused or whose involvement in the offense can be excluded, and to third parties who are affected by the evidentiary measures.

1. Experts, translators, and interpreters are entitled to reasonable compensation.

1. The issuance of the contract may be made contingent upon the presentation of a binding cost estimate.

1. The regulation shall enter into force on November 1, 1994.

2. It is to be published in the official gazette and included in the cantonal legislative collection.