Backup defender
The backup defense is a public defender who the accused in addition to his election or public defender in cases of necessary defense ( § 140 of the method may be ordered CCP) to ensure the speedy implementation.
Legal regulation
The institute of defense lawyers was originally developed as a judge's law, but has been codified in § 144 StPO since December 13, 2019 . The new regulation takes the implementation of the PKH Directive as an opportunity to regulate the requirements and duration of the appointment of an additional public defender by law, especially since the lack of clear regulations in the literature was taken as an opportunity to doubt the admissibility of the entire institute.
The assignment of a defense lawyer is only possible "if the matter is so difficult or so extensive that it can only be mastered after all resources have been exhausted when two defense lawyers work together, or if a main hearing takes an extraordinarily long time and therefore the probability of a defense lawyer will be prevented unplanned. ”Up to two public defenders can be appointed to a defendant (ie a total of three defenders) (Section 144 (1), Section 137 (1) sentence 2 StPO).
He is selected from the nationwide list of the Federal Bar Association ( § 31 BRAO ). From the lawyers registered there, either a specialist lawyer for criminal law or another lawyer who has indicated to the bar association his interest in taking on compulsory defense and is suitable for taking on the defense should be selected.
Court decisions on the appointment of a public defender can be challenged with an immediate complaint (Section 144 (2) sentence 2, Section 142 (7) StPO).
Individual evidence
- ↑ Art. 1 of the law on the revision of the law of necessary defense of December 10, 2019, Federal Law Gazette I p. 2128 .
- ↑ Necessary defense: Everything you need to know about the new regulation relating to mandatory defense Deubner-Verlag, accessed on June 18, 2020.
- ↑ Directive (EU) 2016/1919 of the European Parliament and of the Council of October 26, 2016 on legal aid for suspects and accused persons in criminal proceedings and for wanted persons in proceedings for the execution of a European arrest warrant (OJ L 297 of November 4, 2016, P. 1; L 91 of April 5, 2017, p. 40).
- ^ Draft of a law to reorganize the law of necessary defense, pp. 37 ff, 54.
- ↑ OLG Hamburg, decision of January 13, 2020, AZ 2 Ws 3/20
