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1.
of being involved in the offence which constitutes the subject of
investigation,
2.
of abusing communications with an accused who is not at liberty for the
purpose of committing offences or seriously endangering the security of a
penal institution or
3.
of having committed an act which, in the event of the accused’s conviction,
would constitute handling stolen data, aiding after the fact, obstruction of
prosecution or punishment, or handling stolen goods.
(2) Defence counsel shall also be excluded from participating in proceedings the
subject of which is an offence under section 129a, also in conjunction with section
129b (1), of the Criminal Code if certain facts give rise to the suspicion that he has
committed or is committing one of the acts designated in subsection (1) nos. 1 and
2.
(3) The exclusion shall be revoked
1.
as soon as its conditions are no longer met, not, however, for the sole
reason that the accused has been released,
2.
if defence counsel is acquitted in main proceedings which were opened on
account of the facts leading to exclusion or if a culpable breach of
professional duties in relation to these facts is not determined in a judgment
handed down by a disciplinary court,
3.
if, within one year after exclusion, main criminal proceedings or professional
disciplinary proceedings have not been opened or a summary penalty order
has not been made on the basis of the facts leading to exclusion.
An exclusion which is to be revoked in accordance with no. 3 may be maintained for
a limited time, at the most, however, for one more year if the particular difficulty or
the particular scope of the case or another important reason does not yet permit a
decision to be taken on the opening of the main proceedings.
(4) As long as defence counsel is excluded, he may not defend the accused in other
proceedings governed by statute either. He may not visit an accused who is not at
liberty in relation to other matters.
(5) As long as defence counsel is excluded, he may not defend other accused
persons in the same proceedings either or in other proceedings if such proceedings
are based on an offence under section 129a, also in conjunction with section 129b
(1), of the Criminal Code and where exclusion was ordered during proceedings
which were also based on such an offence. Subsection (4) shall apply accordingly.
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