Facts
The facts of the case can be summarized as follows:- The Public Prosecutor's Office of Muri-Bremgarten convicted the complainant [X.] by penal order dated August 29, 2012 for multiple insults to a conditional fine and a penalty. [X.] filed an objection to this penal order. - On October 11, 2012, attorney [Y.] constituted himself as the defender of [X.] and requested a postponement of the main hearing scheduled for October 25, 2012, as he was otherwise occupied on this date. The request for postponement was rejected by the President of the District Court of Bremgarten on October 15, 2012. - Since the request for postponement was rejected, [X.] informed the District Court on October 21, 2012 that he felt compelled to be absent from the main hearing and again requested a postponement of the hearing date. - At the main hearing on October 25, 2012, the President of the Court noted the non-appearance of [X.] and his defense counsel and ordered the discontinuation of the proceedings due to the withdrawal of the objection. This order was confirmed by the High Court of the Canton of Aargau on February 28, 2013.
Considerations
The Federal Court overturns the decision of the High Court and remands the case to the court of first instance for the main hearing. It justifies this as follows:
The complainant's right to free choice of counsel under Art. 129 para. 1 CrimPC was violated, as he was denied representation by the defense counsel of his choice. Adhering…