Key legal question
Whether, in cases of appointed defense, an appeal against the fixing of defense counsel compensation is admissible when filed in the name of the accused.
Extracted holding
Yes. If appointed defense is involved, a cost appeal against the compensation fixed for defense counsel may be filed in the name of the accused; the court therefore enters into the matter.
Extracted reasoning
Although § 199(2) StPO, read literally, speaks of a party whose claim for compensation was wholly or partly rejected, the appointed defense counsel is also directly affected because the appointment creates a public-law relationship with the state and the compensation decision is addressed to the lawyer. To deny standing would be overly formalistic, especially since appeals on costs are commonly filed together with appeals on the merits in the accused's name.