Determining necessity of prior-day travel for appointed defense counsel at oral proceedings under § 46 Abs. 2 Satz 1 RVG

The Federal Court of Justice's 2nd Criminal Senate granted the defense counsel's application, formally determining that her travel to the court session, including arrival on the day prior to the hearing date, was necessary. This decision resolves a procedural dispute where the appointed defense attorney sought a pre-determination of travel necessity to avoid departing at 04:30 a.m. on the day of the scheduled oral hearing, thereby establishing the legitimacy of the travel itinerary while leaving the assessment of the financial reasonableness of travel and accommodation costs to be decided during the final remuneration determination. The ruling was issued under § 46 Abs. 2 Satz 1 RVG, which governs the court's authority to determine the necessity of travel expenses for appointed counsel, distinct from the separate evaluation of their amount.