Facts
The appellant [X.] was found guilty by the District Court of Lenzburg on June 19, 2014 of various sexual offenses and sentenced to a custodial sentence of 3 years and 8 months as well as a residential therapeutic measure. His court-appointed counsel filed an appeal against the judgment. Later, [X.] informed the court in writing that he had instructed his lawyer not to file an appeal and that he was withdrawing the appeal. The High Court of the Canton of Aargau then closed the appeal proceedings as settled by the withdrawal of the appeal.
[X.] filed a complaint against this decision of the High Court. He argued that the withdrawal of the appeal had occurred without consultation with his court-appointed counsel and was therefore invalid.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the withdrawal of a legal remedy does not generally require the consent of the counsel. The accused person can withdraw their legal remedy without consultation with the counsel. The counsel can generally file or withdraw a legal remedy independently, but not against the expressly or implicitly demonstrated will of their client.
The Federal Supreme Court also saw no violation of the principle of good faith. The complainant was entitled to rely on the…