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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 5 October 2007 (Status as of 1 July 2021)

Art. 132 Duty defence lawyer

1 The dir­ect­or of pro­ceed­ings shall ap­point a duty de­fence law­yer if:

a.
in the event of man­dat­ory ap­point­ment of a de­fence law­yer:
1.
the ac­cused, des­pite be­ing re­ques­ted to do so by the dir­ect­or of pro­ceed­ings, fails to ap­point a de­fence law­yer of choice, or
2.
the de­fence law­yer of choice has been dis­missed or has resigned and the ac­cused fails to ap­point a new de­fence law­yer of choice with­in the time lim­it set;
b.
the ac­cused lacks the ne­ces­sary fin­an­cial means and re­quires a de­fence law­yer to safe­guard of his or her in­terests.

2 A de­fence law­yer is re­quired to safe­guard the in­terests of the ac­cused in par­tic­u­lar if the mat­ter is not a minor case and the case in­volves fac­tu­al or leg­al is­sues that the ac­cused is not qual­i­fied to deal with alone.

3 A case is no longer re­garded as minor if it is prob­able that a cus­todi­al sen­tence of more than 4 months or a mon­et­ary pen­alty of more than 120 daily pen­alty units may be im­posed on con­vic­tion.43

43 Amended by An­nex No 3 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).