💶 Costs of the proceedings
In brief
At the end of every judgment, penalty order and discontinuation there is a cost decision (§ 464 StPO).
If you are convicted, you bear the costs of the proceedings (§ 465 StPO). This also applies if your sentence is suspended on probation.
If you are acquitted, the main proceedings are not opened or the proceedings are discontinued, the state treasury as a rule bears the expenses and your necessary expenses (§ 467 para. 1 StPO). There are exceptions.
An immediate complaint is possible against the cost decision.
Step by step
- Read the cost decisionRead in the judgment or order who bears which costs.
- Know the exceptionsEven in the case of discontinuation, you may have to bear your own expenses.
- Talk if you have trouble payingClarify easier payment terms with the Justizkasse (court payment office).
Deadlines
- Specific fees and fee amounts are not stated here.
- In the case of discontinuation under § 153a and later definitive discontinuation, the state treasury does not bear your expenses (§ 467 para. 5 StPO).
- You bear costs that you caused through culpable default (§ 467 para. 2 sentence 1 StPO), as well as your own expenses (sentence 2).
In depth · legal basis, figures and practice – for advisers and professionals
Cost decision
§ 464 StPO: Every judgment, every penalty order and every decision discontinuing an investigation must determine by whom the costs of the proceedings are to be borne. An immediate complaint (within one week of notification, § 311 para. 2 StPO) is admissible against the decision on costs and expenses; where the main decision cannot be contested, it does not apply.
Conviction
§ 465 para. 1 StPO: The defendant must bear the costs of the proceedings insofar as they arose from the proceedings for an offence for which they are convicted or a measure of reform and prevention is ordered. Certain cases are equated with a conviction (warning with suspended sentence, waiver of punishment). Under para. 2, costs may be imposed in part on the state treasury if investigations turned out in the defendant's favour and it would be unfair to impose them on the defendant.
Acquittal and discontinuation
§ 467 para. 1 StPO: Insofar as the accused is acquitted, the opening of the main proceedings is refused or the proceedings are discontinued, the expenses of the state treasury and the necessary expenses of the accused fall on the state treasury. Exceptions under paras. 2 to 5, for example in the case of culpable default, false self-incrimination, a mere procedural obstacle and after § 153a.
Not examined
The amount of court fees, lawyers' fees (RVG) and repayment of the court-appointed defence lawyer's remuneration were not researched here.
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