The article discusses the issue of remuneration for a defense attorney and a public prosecutor in criminal cases. In its judgment on the case SK 78/21, the Constitutional Tribunal declared two provisions of the Regulation on the State Treasury, which bear the costs of unpaid legal assistance provided by an ex officio lawyer, as unconstitutional. This raises doubts regarding the correct adjudication on the remuneration of a defense attorney acting ex officio. This particularly applies to the application of other provisions in this regulation and the parties' requests for additional remuneration