Facts
Lawyer X. had defended A., who was accused of various property offenses. In a 68-page submission, X. strongly criticized the investigation proceedings and the psychiatric expert opinion. Thereupon, the St. Gallen Cantonal Court imposed a disciplinary fine of 200 Swiss francs on X. "for improper conduct towards the court expert as well as officials and members of the criminal justice authorities". X. filed a constitutional appeal against this fine.
Considerations
The Federal Supreme Court annulled the disciplinary fine. It stated that the lawyer, as an auxiliary officer of the administration of justice, has the duty and the right to point out deficiencies and criticize shortcomings in the proceedings. In this context, a certain degree of exaggeration must be tolerated, as long as the lawyer does not act in bad faith or in a defamatory manner.
The statements by the lawyer criticized by the Cantonal Court, such as the criticism of the expert's report or the claim that the accused had been "brainwashed", did not exceed these…