Questão jurídica principal
Whether special circumstances under § 9 Abs. 1 lit. c sentence 2 StPO required appointment of court-appointed defense counsel.
Decisão extraída
Yes. The combination of disputed facts, need for evidence-taking, possible substantial prison exposure including revocation of a 15-month suspended sentence, language difficulties, and privately represented co-accused justified appointed defense.
Fundamentação extraída
The court held that even outside the enumerated serious-case situations, appointed defense counsel is mandatory when special circumstances make it necessary. The case was not a bagatelle; several factual issues remained contested; the accused had poor German; co-accused were represented by private counsel; and effective defense was especially important because the court would also decide on probation revocation and prognosis.