ArchiveThis article is in the archive and no longer part of the current journal.

Report·Migration, Justiz, innere Sicherheit·Document finding

7B_1036/2025, judgment of 20 August 2026

Sep 8, 2026, 12:00 AM · Bundesklar Redaktion

In view of the foregoing, there is no reason to fault the lower instance for concluding, on the basis of the case file, that the threshold for an objectively justified exceptional case had not been met and that the defence counsel should therefore not exceptionally be granted a right to participate in the exploratory interviews. 3. The appeal proves unfounded and must be dismissed. In view of the outcome of the proceedings, the appellant is in principle liable for the costs (Art. 66 para. 1 FSCA). However, her application for legal aid must be granted, as the requirements are met (Art. 64 para. 1 FSCA). Accordingly, no costs are to be charged for the proceedings before the Federal Supreme Court and the appellant's legal representative is to be appropriately compensated from the Federal Supreme Court's funds (see Art. 64 paras. 1 and 2 FSCA).