Questione giuridica chiave
Whether the appellant was entitled to court-appointed defense or legal aid despite already having counsel and not being indigent.
Decisione estratta
Mandatory defense under Art. 130 CPP does not by itself entitle the accused to state-paid legal aid or to have counsel's fees borne by the State; because the appellant already had counsel and failed to show indigence, the conditions for appointed defense were not met.
Motivazione estratta
The court distinguished mandatory defense from appointed defense and from the question of who ultimately bears counsel fees. Under Art. 132 and Art. 135 CPP, state payment and non-reimbursement depend on the statutory conditions, especially indigence. The cited pre-CPP case concerned a true appointed-defense situation and was therefore inapplicable.