Drafting submissions
Tariff Item No. 1
1. For drafting a private prosecution, a criminal complaint, a motion for criminal prosecution and an indictment proposal on the basis of which misdemeanour proceedings are instituted, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
2. For drafting submissions setting out facts and reasoned evidentiary motions, motions for termination or revocation of pre-trial detention, motions for termination of other security measures and interim measures, motions for holding an evidentiary hearing or carrying out an evidentiary action, drafting motions to exclude unlawfully obtained evidence from the case file, and drafting the written defence of a defendant in misdemeanour proceedings, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
3. For drafting a request by an injured party acting as prosecutor to the investigating judge for the taking of evidentiary actions, drafting a motion by the injured party to take over the criminal prosecution, and drafting an indictment for continuation of the criminal prosecution, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
4. For drafting a submission by which the injured party asserts a claim for damages or other civil-law relief, the attorney shall be entitled to a fee of 75 points.
5. For drafting other submissions, the attorney shall be entitled to a fee of 50 points.
Tariff Item No. 2
1. For drafting a motion to postpone execution of a sentence, an application for interruption of the serving of a sentence and an application for conditional release, the attorney shall be entitled to a fee of 100 points.
2. For drafting an application for rehabilitation, the attorney shall be entitled to a fee of 50 points.
3. For drafting a petition for pardon, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
4. For drafting a motion to revoke a suspended sentence, the attorney shall be entitled to a fee of 50 points.
Representation and defence
Tariff Item No. 3
1. For participation in proceedings conducted before the police, the State Attorney's Office, the European Public Prosecutor's Office and the investigating judge; for attending a hearing conducted by the investigating judge for the purpose of ordering, extending, terminating or revoking pre-trial detention and deciding on a European arrest warrant or European investigation order; for defending the accused during the first questioning before the State Attorney or a police officer authorised by the State Attorney, or before the European Public Prosecutor's Office; for attending each individual evidentiary action during preliminary inquiries, investigation and inquiry; for attending an evidentiary hearing; for participating in plea negotiations for the purpose of rendering a judgment on the basis of an agreement between the parties; and for conducting interviews of citizens as part of defence investigations, the attorney acting as defence counsel or as authorised representative of the injured party acting as prosecutor shall be entitled to the fee under Tariff Item No. 4, point 1, and, for the second and each subsequent commenced hour of attendance in the proceedings, to an additional fee of 50 points.
2. For the actions referred to in point 1 of this Tariff Item which the police, the State Attorney's Office, the European Public Prosecutor's Office or the court carry out outside the building in which their seat is located, the attorney shall, in addition to the fee under point 1 of this Tariff Item, also be entitled to reimbursement under Tariff Item No. 49.
3. An attorney acting as authorised representative of the injured party or victim shall be entitled to 50% of the fee under this Tariff Item.
4. If, after the defence counsel or authorised representative of the injured party has appeared for an action in proceedings conducted before the police, the State Attorney's Office, the European Public Prosecutor's Office or the investigating judge, the performance of the action is adjourned, the attorney shall be entitled to 50% of the fee under point 1 of this Tariff Item, as well as reimbursement under Tariff Item No. 49.
Tariff Item No. 4
1. For the defence of an accused person, the defence of an accused legal entity, representation of a private prosecutor and an injured party acting as prosecutor at a session before the indictment panel, at a preparatory hearing, at a trial before the court, at a panel session at which, following the filing of an indictment, a decision is made on ordering, extending, terminating or revoking pre-trial detention or other security measures or interim measures, in proceedings concerning revocation of a suspended sentence and at a hearing before the judge responsible for execution of sentences, the attorney shall be entitled to a fee for the first hour of each day of a session, hearing or trial as follows:
- for criminal offences punishable by a fine or imprisonment of up to 3 years: 100 points;
- for criminal offences punishable by imprisonment of up to 5 years: 200 points;
- for criminal offences punishable by imprisonment of up to 10 years: 300 points;
- for criminal offences punishable by imprisonment exceeding 10 years: 400 points;
- for criminal offences punishable by long-term imprisonment: 500 points;
- for concurrent criminal offences and extended criminal offences, the fee shall be determined in accordance with the ranges set out in indents 1 to 5 of this Tariff Item, whereby the prescribed penalty shall be deemed to be the most severe penalty that may be imposed in the proceedings by applying the provisions of criminal legislation on sentencing for concurrent and extended criminal offences;
- for defence in misdemeanour proceedings: 100 points;
- for defence in misdemeanour proceedings where, in addition to a fine or imprisonment, confiscation may be ordered of items used or intended for commission of the misdemeanour, or confiscation of pecuniary gain obtained through commission of the misdemeanour may be ordered, the attorney shall be entitled to the fee under Tariff Item No. 7, point 1, depending on the value of the confiscated item or pecuniary gain;
- for the defence of a legal entity in criminal or misdemeanour proceedings against legal entities, according to the level of the penalty prescribed for the responsible person in that legal entity;
- where the court appoints an attorney in criminal proceedings as representative of a legal entity, the attorney shall be entitled to a fee of 100 points for the first hour of each day of trial; where the legal entity appoints the attorney, the attorney shall be entitled to a fee in accordance with indent 9 of this Tariff Item.
If the trial lasts longer than one hour, the attorney shall be entitled to a fee of 50 points for each subsequent commenced hour.
2. For the defence of an accused person and representation of an injured party acting as prosecutor or a private prosecutor:
- at a hearing for pronouncement of the judgment, the attorney shall be entitled to a fee of 50 points;
- at a session of the second-instance panel, the attorney shall be entitled to the same fee as for defence before the court of first instance;
- at a trial before the second-instance court, the attorney shall be entitled to the same fee as for defence before the court of first instance, increased by 25%, and at a trial before the second- and third-instance courts concerning criminal offences punishable by long-term imprisonment, increased by 50%;
- at a session concerning extraordinary legal remedies, the attorney shall be entitled to the same fee as for defence before the second-instance court.
3. In proceedings against a juvenile and in proceedings concerning persons with mental disorders, an attorney acting as defence counsel shall be entitled to the same fee as for defence under point 1 of this Tariff Item.
4. If, after an indictment, indictment proposal or private prosecution has been filed, or after a mandatory misdemeanour order or misdemeanour order has been set aside, but before evidence is taken at trial, the proceedings are discontinued or the trial is adjourned, the attorney shall be entitled to 50% of the fee under point 1 of this Tariff Item, except where, after adjournment of the trial, the court continues taking evidence outside the trial, in which case the attorney shall be entitled to the fee under point 1 of this Tariff Item.
5. For each consultation with an accused person held in custody or pre-trial detention, the attorney shall be entitled to a fee of 50 points and, for the second and each subsequent commenced hour, a fee of 50 points.
6. For attending an inspection, reconstruction and other actions which the police, the State Attorney's Office, the European Public Prosecutor's Office or the court carry out outside the building in which their seat is located, the attorney shall be entitled to the fee under point 1 of this Tariff Item as well as reimbursement under Tariff Item No. 49.
7. The fee for the work of an attorney appointed as defence counsel ex officio pursuant to the provisions of the Legal Profession Act shall be determined by the Rules issued by the ministry competent for judicial affairs.
8. An attorney representing an injured party in proceedings conducted before the police, the State Attorney's Office, the European Public Prosecutor's Office and the investigating judge, in proceedings for adoption of a decision granting consent to conditional waiver of criminal prosecution on the basis of the principle of expediency, in proceedings for an individual assessment of the victim and at trial before the court, shall be entitled to 50% of the fee under this Tariff Item.
Legal remedies
Tariff Item No. 5
1. For an appeal against a judgment, an appeal against a decision discontinuing proceedings, an appeal against a decision to conduct an investigation, an appeal against a decision rejecting a motion to exclude unlawful evidence from the case file, an appeal against a decision of the investigating judge rejecting a motion of the injured party acting as prosecutor for the taking of an evidentiary action or the conduct of an investigation, and an appeal against a decision on the application of educational-correctional measures, security measures or placement in an institution for custody and treatment, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1, increased by 50%.
2. For responses to appeals against judgments and decisions referred to in point 1 of this Tariff Item, the attorney shall be entitled to 50% of the fee under point 1 of this Tariff Item.
3. For an appeal against a decision ordering or extending pre-trial detention, an appeal against a decision ordering precautionary measures and a decision ordering an interim measure prohibiting the accused or other persons from disposing of property, an appeal against a decision to conduct a trial in absentia, an appeal against a decision to conduct preparatory proceedings, an objection against a judgment issuing a penal order, an appeal and objection concerning procedural rights of the defence, an appeal against a decision referring a person to serve a prison sentence, an appeal against other decisions, and an objection against a misdemeanour order, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
4. For responses to appeals against decisions referred to in point 3 of this Tariff Item, the attorney shall be entitled to 50% of the fee under point 3 of this Tariff Item.
5. For an appeal against a decision on costs, the attorney shall be entitled to a fee of 50 points.
6. For drafting a response to the indictment, the attorney shall be entitled to the fee under Tariff Item No. 4, point 1.
Extraordinary legal remedies
Tariff Item No. 6
1. For drafting a motion for filing a request for protection of legality, a request for reopening of proceedings, a request for extraordinary review of a final judgment and revision of proceedings, as well as an appeal against a decision rejecting or dismissing such motions and requests and the revision, the attorney shall be entitled to the fee under Tariff Item No. 5, point 1.
2. For drafting a response to the motions, requests and revision referred to in point 1 of this Tariff Item, the attorney shall be entitled to 50% of the fee under Tariff Item No. 4, point 1.