Questione giuridica chiave
Whether the exclusion of the chosen defense lawyer for multiple representation was lawful.
Decisione estratta
Yes. Given the ongoing investigation and possible diverging defenses, the prosecutor could exclude the lawyer to prevent an actual or apparent conflict of interest.
Motivazione estratta
The right to choose counsel is limited by procedural and professional rules. In multi-defendant cases, a conflict is generally presumed unless the accused persons' factual accounts and process interests are clearly identical and non-divergent. Because the roles of the accused were still unclear and future divergence could not be excluded, preventive exclusion was permissible.