Right of the accused to participate in the interrogation of co-accused

Facts

- The public prosecutor's office is conducting a criminal investigation against the accused and two co-accused for theft. - The accused requested to participate in the interrogation of the co-accused, which the public prosecutor's office rejected. The High Court upheld the accused's appeal. - The Attorney General's Office appealed the decision of the High Court to the Federal Supreme Court.

Considerations

- The Federal Supreme Court holds that the accused generally has a right to participate in the interrogation of co-accused, which arises from Art. 147 para. 1 CrimPC. - The provision of Art. 146 para. 1 CrimPC on the separate interrogation of persons does not constitute an exception to the right of participation under Art. 147 para. 1 CrimPC. - Restrictions on the right of participation are only permissible under the narrow conditions of…