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Art. 131 Ensuring the mandatory appointment of the defence lawyer
1 Where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediately. 2 If the requirements for the mandatory appointment of a defence lawyer are met on instigation of the preliminary proceedings, the defence lawyer must be appointed before the first examination by the public prosecutor or by the police on behalf of the public prosecutor.62 3 In cases where the mandatory appointment of a defence lawyer is clearly required but evidence is obtained before a defence lawyer is appointed, the evidence obtained is only admissible if the accused waives the right to have the evidence taken again.63 62 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 63 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). |