Kernrechtsfrage
Whether refusal to waive the criminal appeal registration fee violated the right to free legal aid and access to appeal.
Extrahierter Entscheid
The refusal was unlawful because, in a serious criminal case, the prospects of success could not be assessed as hopeless before the appeal was reasoned; the fee waiver had to be granted.
Extrahierte Begründung
Art. 29 para. 3 BV and Art. 6 para. 3 lit. c ECHR also protect necessary fee advances in criminal proceedings. Given the severe sentence, the breadth of issues open on appeal, the admissibility of new facts and evidence, and the still unreasoned appeal, a finding of hopelessness was not sustainable.