Kernrechtsfrage
Whether the cantonal court could rule on the validity of a personally filed appeal withdrawal without mandatory defense counsel.
Extrahierter Entscheid
No. In a case of mandatory defense, the court had to ensure that an appointed lawyer actually presented the appellant's position before deciding on the withdrawal's validity.
Extrahierte Begründung
Articles 50 and 51 CPP/BE required counsel in appeal proceedings where a custodial sentence or measure was at stake. Deciding on the effectiveness of a withdrawal without any lawyer's intervention violated the appellant's constitutional right to be able to defend himself under Art. 32(2) Cst. The prior refusal of counsel did not release the court from that duty.