Facts
The complainant, lawyer Dr. [A.] , conducted the defense of [X.] before the Maloja District Court Committee and later before the Cantonal Court of Grisons. [X.] was acquitted by the Cantonal Court. The Cantonal Court granted the complainant compensation of CHF 2,216.60 for the appeal proceedings. The complainant requested compensation of CHF 2,646.95.
The Public Prosecutor's Office of the Canton of Grisons waived a statement. The lower court requested the dismissal of the complaint.
Considerations
The Federal Court examined the violation of fundamental rights and cantonal law. The complaint was directed against the amount of the party compensation awarded for the appeal proceedings. The lower court had reduced the complainant's hourly rate from CHF 240.-- to CHF 200.--, as it was an official defense.
The complainant argued that the lower court had applied Art. 161 CrimPC/GR arbitrarily. However, he did not explain how and to what extent Art. 160 para. 4 CrimPC/GR had been applied arbitrarily. The Federal Court decided that the lower court had awarded compensation according to Art. 160 para. 4 CrimPC/GR and that the complainant had not demonstrated that this article had been applied arbitrarily.
However, the Federal Court decided that the regulation according to Art. 5 HV/GR, which provides that the fee of the official defender is CHF 200.-- per hour, only applies in the case of the…