Questão jurídica principal
Whether mandatory defense exists under Art. 130 let. d CPP when the prosecution appeals and appellate proceedings are conducted in writing.
Decisão extraída
Yes. If the prosecutor would have had to appear personally at oral appeal hearings, the accused is entitled to mandatory defense even in written appeal proceedings.
Fundamentação extraída
Written appeal proceedings under Art. 406 CPP must not worsen the accused's procedural position. Because the prosecution had appealed and would have had to appear at oral debates under Art. 405 al. 3 let. b CPP, equality of arms requires the same entitlement to appointed defense.