Der Zeitpunkt der Bestellung der notwendigen Verteidigung

The dissertation addresses the central and controversial question of when necessary defense should be appointed in criminal proceedings. Of particular interest are those situations in which a case for necessary defense arises at the very beginning of the preliminary proceedings, as the wording of the law does not provide a practical solution due to its contradictions. In this work, the unclear legal text is examined using legal hermeneutics, while also discussing other problem areas closely related to the timing of the appointment—such as the initiation of the investigation and the preliminary investigations conducted by the public prosecutor. Furthermore, the consequences of not appointing necessary defense in a timely manner are explored, and the proposed amendment to the law is subjected to critical analysis.