Questão jurídica principal
Whether the court had to notify plea-related discussions under § 243(4) sentence 1 StPO for talks held in a public hearing before referral under § 270(1) StPO.
Decisão extraída
No. The discussions were not talks within §§ 202a, 212 StPO, but were held in a public main hearing in the presence of the defendant and defense counsel; no analogous application of § 243(4) sentence 1 StPO was warranted.
Fundamentação extraída
The statutory notification duty is aimed at plea-related talks conducted outside a public main hearing. Here, the talks took place openly before the Schöffengericht with the defendant and counsel present, so the rationale for the disclosure requirement did not apply.