Questão jurídica principal
Whether the accused was entitled to appointed counsel under Art. 132 StPO
Decisão extraída
Yes. His limited literacy, lack of schooling, unfamiliarity with the legal system, and the need to address non-trivial immigration-law questions meant he could not defend himself effectively without counsel.
Fundamentação extraída
Art. 132 StPO codifies the case law under Art. 29(3) BV. The decisive factor is not only the complexity of the legal issues but also the person's ability to cope with the proceedings. The lower court failed to consider the appellant's personal limitations, which made self-representation ineffective.