Kernrechtsfrage
Whether conducting the appeal hearing without the appointed defense counsel violated mandatory defense guarantees and required setting aside the cantonal judgment.
Extrahierter Entscheid
Yes. In a case of mandatory defense, the accused was no longer sufficiently and effectively defended when the hearing proceeded without the official defense counsel; the appeal judgment had to be annulled and remanded.
Extrahierte Begründung
The appeal concerned a 39-month prison sentence and a stationing therapeutic measure, both seriously affecting the accused's rights. In mandatory-defense cases, holding the main hearing without counsel breaches constitutional and Convention rights. The record showed the accused could not adequately protect his interests on his own.