Mandatory defense counsel in public prosecutor’s appeal to the Federal Court of Criminal Justice under §§ 350, 140 StPO

The Federal Court of Criminal Justice ordered the appointment of a mandatory defense attorney for the defendant, thereby granting the defendant’s application and establishing that the requested counsel would assume the role. This procedural decision arose from a public prosecutor’s appeal against a judgment, where the necessity of defense in the revision main hearing was contested; the defendant’s elected counsel had already indicated they would resign their mandate if appointed as mandatory counsel. The court ruled based on the mandatory provision that the prosecution’s appeal to the Federal Court of Criminal Justice requires the defendant to have a mandatory defense counsel under Sections 350(2) Sentence 2 and 140(1) No. 2 and (2) of the Code of Criminal Procedure.