Kernrechtsfrage
Whether refusal of defense counsel’s access to the investigation file was lawful at this stage of the proceedings
Extrahierter Entscheid
The refusal exceeded the permissible scope of discretion; the defense was entitled to unrestricted access to the file.
Extrahierte Begründung
Although the investigating judge has discretion under the code, appellate review is limited to arbitrariness or manifest excess of discretion. Given the advanced stage of the investigation, prolonged pretrial detention, repeated examinations, and the absence of concrete indications that file access would jeopardize the investigation, there was no sufficient basis to refuse access.