Kernrechtsfrage
Whether an official defense counsel had to be appointed under § 9 Abs. 1 lit. c StPO after the 1978 amendment.
Extrahierter Entscheid
Yes. For offenses punishable abstractly by more than five years' imprisonment, an official defense must be appointed if the accused has not chosen private counsel, regardless of financial situation.
Extrahierte Begründung
The revised text removed the prior indigence requirement and replaced it with the rule that official defense is mandatory in serious cases where the offense is punishable by more than five years' imprisonment. The decisive criterion remains the abstract statutory penalty, not the concretely expected sentence.