Facts
The District Court of St. Gallen convicted X. of criminal damage, breach of the peace, and violence and threats against authorities and officials. It compensated the court-appointed defence counsel, Attorney Y., with CHF 13,090.- and obliged X. to repay the compensation of CHF 6,090.- to the state.
The public prosecutor's office appealed against the amount of compensation for the court-appointed defence counsel and filed a subsidiary complaint. However, the Cantonal Court and the Indictment Chamber did not proceed with the proceedings.
The public prosecutor's office then filed a criminal appeal against the decisions not to proceed.
Considerations
The Federal Supreme Court decided that the public prosecutor's office is entitled to file a criminal appeal against the amount of compensation for the court-appointed defence. Its interests are opposed to those of the convicted person, who must repay the defence counsel's compensation, which justifies the public prosecutor's right of appeal.
The court must decide on the compensation of the court-appointed defence counsel in the final judgment. The public prosecutor's office and the other…