Replacement of mandatory counsel following loss of professional admission

The German Federal Court of Justice (BGH) ordered the removal of the accused’s current court-appointed defender, who had lost legal admission due to age, and appointed the accused’s former retained counsel as the new mandatory defense attorney, effectively ruling in favor of the court’s administrative duty to ensure valid legal representation. The dispute arose from the invalidity of the existing *officio* counsel’s mandate following the expiration of their professional qualification, a situation requiring immediate correction under the rules of necessary defense, while clarifying that the earlier appointment of a second attorney during the main hearing was merely a valid appointment of a substitute defender for that specific term. The court grounded its decision in § 138 Abs. 1 and § 140 Abs. 1 Nr. 2 StPO regarding the requirements for mandatory defense and the necessity of such representation, specifically applying § 143a Abs. 2 Satz 1 Nr. 3 Alt. 2 StPO to effectuate the transfer of the mandate from the lapsed *officio* counsel to the accused’s prior *Wahlverteidiger* who had signified the intent to relinquish their private mandate.