Facts
The Public Prosecutor's Office of the Emmental-Oberaargau region conducted a criminal investigation against [A.] and co-accused persons for breach of the peace and brawling. On December 21, 2020, the public prosecutor leading the investigation filed a disciplinary complaint against the defendant's counsel with the cantonal bar supervisory authority. In response, the defendant, through his counsel, filed a motion for recusal against the investigating prosecutor. The Cantonal Court of Bern dismissed the motion for recusal. The defendant appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court decided that the mere fact that the public prosecutor filed a disciplinary complaint against the counsel does not constitute a ground for recusal. The public prosecutor is legally obliged to report any significant disciplinary violations by legal representatives to the competent supervisory authority. Only if the public prosecutor files a criminal complaint against a party or its legal representative in their own case and also asserts their own civil claims as a private plaintiff would this be a ground for recusal.
The Federal Supreme Court also saw no other reasons that would justify the public prosecutor's bias. The allegations made by the counsel, that the…