Questão jurídica principal
Whether the accused had a right under Art. 133 para. 2 CPP to have his preferred lawyer appointed as ex officio counsel after a first change of counsel.
Decisão extraída
Art. 133 para. 2 CPP only requires the authority to take the accused's wishes into account as far as possible; it does not grant an unconditional right to the lawyer of choice, especially at a later stage after a prior proposal has already been used.
Fundamentação extraída
The accused had already exercised his proposal right at the beginning of the proceedings. To avoid delay tactics, that right is in principle used only once at the outset. In the replacement context under Art. 134 para. 2 CPP, the provision does not provide a renewed right of proposal, and the authority may depart from the wish for objective reasons without special justification for the identity of the new counsel.