Facts
This case involves multiple counts of theft and violation of postal and telecommunications secrecy, which are alleged against Appellant 1 ([X.] ). Appellant 2 ([Y.] ) is accused of incitement to these offenses and receiving stolen goods. The appellants were provisionally arrested on April 12, 2013, after Appellant 1 had handed over to Appellant 2 a package that had been chemically prepared by the police.
The Federal Supreme Court consolidates the proceedings 6B_178/2017 and 6B_191/2017, as they are closely related in subject matter.
Considerations
The Federal Supreme Court concludes that the requirements for mandatory defense were met at the latest after the provisional arrest on April 12, 2013. Since Appellant 1 was not yet represented by counsel at that time, the interrogations conducted on April 12 and 13, 2013, prior to the appointment of the defense counsel on April 16, 2013, are not admissible as evidence.
However, the evidence collected prior to the provisional arrest, in particular the police surveillance on April 12, 2013, and the "chemical perpetrator trap", is admissible. The…