Whether the prosecutor’s refusal of legal aid to the complainant was lawful under Art. 136 CPP
The refusal was upheld because the complainant was not indigent within the meaning of Art. 136 al. 1 let. a CPP when her parents’ duty of support and financial means were taken into account.
State aid is subsidiary. For an adult child in education without own resources, the financial situation of the parents liable for support may be considered. The complainant’s wish to keep the facts from her parents did not create an exception.