Facts
In this case, it concerned criminal proceedings against [A.] , in which Attorney [B.] was appointed as court-appointed defense counsel. However, the Regional Court of Bern-Mittelland revoked the court-appointed mandate of Attorney [B.] with immediate effect, as there was a conflict of interest. Attorney [B.] had previously represented [C.] as court-appointed defense counsel in another case, and [C.] was now a private plaintiff in the proceedings against [A.] .
[A.] and Attorney [B.] then filed appeals against the decision of the Regional Court. The High Court of the Canton of Bern dismissed the appeals. Thereupon, [A.] and Attorney [B.] filed appeals with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that according to the case law, a conflict of interest arises if a lawyer who previously represented another party to the proceedings takes on a defense mandate. Except for special exceptional cases, lawyers may not represent co-defendants - even if the clients consent to the dual representation or if the defense counsel intends to plead for acquittal for both defendants.
In the present case, Attorney [B.] had represented the interests of [C.] and the appellant [A.] …