Facts
The complainant, lawyer [X.] , was appointed by the public prosecutor as the official defender of [Y.] on July 13, 2011, who was under investigation for suspected multiple qualified rape, multiple qualified sexual coercion, threat and coercion. The complainant filed a complaint on September 22, 2011, on behalf of [Y.] , with the Indictment Chamber of the Canton of St. Gallen against the extension of the investigative detention. The Indictment Chamber dismissed the complaint and refused the complainant official defense for the complaint procedure. The complainant then appealed to the Federal Court with a complaint in criminal matters and requested that official defense be granted for the preceding procedure and that he be compensated accordingly.
The preceding instance requested the dismissal of the complaint. The complainant adheres to the complaint.
Considerations
The Federal Court first examines whether the complainant is entitled to a complaint in criminal matters. According to Art. 81 para. 1 FSCA, the person who has participated in the proceedings before the preceding instance or has not had the opportunity to participate and has a legally protected interest in the annulment or modification of the contested decision is entitled to appeal.
The Federal Court finds that the complainant was not employed as an official defender for the preceding procedure. The preceding instance was competent to decide whether the accused person has a right to free legal assistance for the…