Whether the police interview of the accused had to be treated as unusable because mandatory defense should have been appointed before the interview.
The interview remained usable because mandatory defense did not have to be implemented before the first police hearing in these circumstances, and the statutory conditions for mandatory defense were in any event not met.
Under Art. 131 CPP, when mandatory defense is required at the outset of the preliminary proceedings, defense must be appointed after the first hearing by the prosecutor and in any event before opening of the instruction. Here, the police hearing occurred during police investigation before the instruction was opened. The concrete conditions of Art. 130 CPP were not established: no detention over ten days, no incapacity to defend interests, and no concrete sentence over one year or deprivation measure was foreseeable.