Key legal question
Whether an immediate cantonal appeal lies against a first-instance procedural decision refusing ex officio counsel.
Extracted holding
Yes. A refusal of ex officio counsel before the opening of trial may cause irreparable harm and is therefore, in principle, amenable to cantonal appeal under the CPP.
Extracted reasoning
The exclusion of appeal under Art. 65(1) and Art. 393(1)(b) CPP concerns only procedural-management decisions not capable of causing irreparable harm. A refusal of appointed counsel is not merely formal and can irreparably prejudice the defendant, so the cantonal court had to enter into the merits.