Pros And Cons On Prepaid Legal 2010

BGH: If a financial penalty to be paid in installments, can the rates of not deduct legal aid

Wer Verfahrenskostenhilfe beantragt, kann regelmäßige Charges such as loan rates deduct from his income. This, however, according to a recent decision of the Supreme Court for charges not paid a fine.
It is generally not appropriate to consider a fine to be paid at the rate of income determination according § 115 para 1 sentence 3 No. 4 ZPO , the Supreme Court in its decision of 12.01.2011, Az . XII ZB 181/10 .

After § 42 StGB in conjunction § 459 Code of Criminal Procedure the needy could but at a - in the light of the penalty forfeited by him - not more reasonable economic burden an appropriate payment to facilitate the enforcement authority to reach. This ensures that he does not have access to the courts will be barred.

In other words, the need to fine offender is an extension of rate seek to fund the cross-process; and that is not without logic: Otherwise, the fine would ultimately financed from public funds.

Focus family law quick info on the decision (click to enlarge):

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