''Title IV, § 26e1''

After the proceedings have ended, the accused (defendant) shall be

informed in what amount the costs of the legal aid defence counsel that

he did not have to bear have remained unpaid. Upon service of such

notification, the accused (defendant) shall be obliged to submit to the

court an annual declaration of assets in terms of § 66(1) ZPO on his own

initiative and over a period of ten years, lacking which declaration it shall

be irrefutably presumed that the accused (defendant) is able to make

subsequent payment (§ 26f) without necessary maintenance being

impaired. This consequence of default shall be pointed out to the

accused (defendant).

§ 26f2

1) The accused (defendant) shall be obliged by way of a ruling to

subsequently pay all or part of the costs of the legal aid defence counsel

that he did not have to bear, and on application also to pay according to

the tariff the remaining remuneration of the lawyer provided to him by

way of legal aid as far as and as soon as the accused (defendant) is able to

do so without necessary maintenance being impaired. The obligation of

subsequent payment may no longer be imposed after ten years have

passed from the end of the proceedings.

2) In the ruling on subsequent payment, it shall first be imposed on

the accused (defendant) to pay the costs of the legal aid defence counsel

that he did not have to bear, and then the payment according to the tariff

of the remaining remuneration of the lawyer provided to him by way of

legal aid, the amount of these costs being assessed at the same time. Such

ruling shall be enforceable only after it has become final.

3) The President of the Court of Justice may declare the amounts to

be paid subsequently pursuant to Para. (1) to be uncollectible if the

efforts to be made for subsequent payment are economically

disproportionate to the amounts or if there are any other

disproportionate obstacles.

§ 300

1) The fees to be paid for submissions, examinations, inspections,

hearings, judgments, rulings etc. in addition to the court fees shall be laid

down by law.

2) Wherever the reimbursement of costs is mentioned in the

provisions below, this shall apply mutatis mutandis to the payment of

fees.

§ 301

1) The costs concerning which reimbursement by the accused may

take place shall include:

1. the expenditures for service, summonses, and delivery by messenger;

2. the costs for bringing and transporting the accused and other persons

before the court;

3. the fees and allowances of witnesses and expert witnesses;

4. the fees of defence counsels and other attorneys of the parties;

5. the costs of the accused's accommodation during pre-trial detention:

6. the travelling expenses and daily allowances of the court persons and

the public prosecutor;

7. the costs of the execution of a criminal judgment.

312.0 Code of Criminal Procedure (StPO)

180

2) The fees listed under Items (1) to (3) and (5) to (7) as well as the

fees of the legal aid defence counsel provided to the accused shall be

advanced by the State Treasury.1