Kernrechtsfrage
Whether the denial of appointed counsel for the criminal appeal violated the right to legal aid and equality of arms
Extrahierter Entscheid
The defendant was entitled to appointed counsel in the appeal because a prison sentence over six months and a difficult legal qualification issue were seriously at stake; denying counsel also breached equality of arms vis-à-vis the assisted victim.
Extrahierte Begründung
Under cantonal law, Art. 29(3) BV and Art. 6 ECHR, legal aid is required when necessary to protect rights and the case is not hopeless. Here the prosecution sought requalification to gross traffic violation, which could materially increase the sentence and involved a legally difficult distinction. Granting counsel to the victim while refusing it to the accused also offended equality of arms.