Glossary / Criminal Procedure

Official defence

Official defence is appointed by the competent Swiss authority where legal conditions require representation and the accused has no chosen counsel, or where effective defence otherwise cannot be ensured. It often arises in cases of mandatory defence or when the accused lacks means and defence is necessary to safeguard interests. The appointed lawyer has the same professional duties as privately retained counsel and represents the accused, not the state. Costs may initially be borne publicly but can later be recovered depending on the outcome and finances.

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