Section 45
Claim to remuneration of an attorney assigned or appointed as counsel
(1) Unless otherwise determined in this part, an attorney assigned as counsel using assistance with court costs or appointed as curator ad litem pursuant to section 57 or 58 of the Code of Civil Procedure shall receive the statutory remuneration from the federal treasury in proceedings before the federal courts and from the Land treasury in proceedings before the Land courts.
(2) An attorney assigned as counsel pursuant to section 138 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction, also in conjunction with section 270 of the said Act, pursuant to section 109 (3) or section 119a (6) of the Prison Act or appointed pursuant to section 67a (1), second sentence of the Code of Administrative Court Procedure can demand remuneration from the Land treasury if the person obliged to make the payment (section 39 or section 40) is in default of payment of the remuneration.
(3) If the attorney has been otherwise appointed or assigned as counsel by a court, he shall receive remuneration from the Land treasury if a Land court appointed or assigned the attorney, and from the federal treasury in all other cases. If an attorney was initially appointed or assigned by a federal court and then by a Land court, the federal treasury shall pay the remuneration the attorney has earned during his appointment or assignment by the federal court, and the Land treasury shall pay the remaining remuneration due to the attorney. This shall apply mutatis mutandis if the attorney was initially appointed or assigned by a Land court and then by a federal court.
(4) If the defence counsel advises against filing an application for reopening a case, he shall only have a claim against the state treasury if he was appointed pursuant to section 364b (1), first sentence of the Code of Criminal Procedure or the court made its ascertainment in accordance with section 364b (1), second sentence of the Code of Criminal Procedure. This shall also apply in court regulatory fining proceedings (section 85 (1) of the Act on Regulatory Offences).
(5) Subsection 3 is to be applied in regulatory fining proceedings before the administrative authority mutatis mutandis. The administrative authority shall take the place of the court.