Facts
The Federal Court had to rule on a complaint by [A.A.] , who faces a criminal proceeding for unlawful receipt of social benefits. The alleged offense amount is around CHF 22,000.--. [A.A.] had filed a request for the grant of official defense, which was rejected by the Public Prosecutor's Office. The High Court of the Canton of Bern dismissed [A.A.] 's appeal.
[A.A.] requested the Federal Court to overturn the High Court's decision and grant him official defense by his lawyer, retroactive to December 17, 2020. The Public Prosecutor's Office and the High Court waived their right to comment.
Considerations
The Federal Court examined whether the conditions for granting official defense were met. It found that the complainant undoubtedly fulfilled the condition of lacking the necessary means.
The Court pointed out that official defense is regulated in Art. 128 ff. CrimPC and is necessary in particularly serious criminal cases. It found that the complainant faces a sentence that is at the threshold of a minor case, and therefore, increased requirements must be applied to the assumption of factual and/or legal difficulties.
The Court stated that the lower court rightly did not consider the abstract threat of a prison sentence of up to one year or a fine as decisive, but rather applied a concrete approach. It found that the complainant faces a prison sentence of approximately 120 days, which is at the threshold of a minor case.
The Court concluded that the complainant is not…