Mandatory Counsel in Pre-Trial Investigation Absent Statutory Necessity

The court addressed whether mandatory legal representation is required during the investigative or preliminary examination phase, even in criminal cases, when the accused made self-incriminating statements that were later recanted. The court reasoned that neither cantonal procedural law nor higher federal law mandates indispensable legal assistance in the investigative or preliminary proceedings; while the right to counsel exists, it is not an obligation for the state to provide it unless specific statutory criteria for "necessary defense" are met, and the accused in this instance was deemed capable of understanding and exercising their rights independently, including the decision to waive counsel during initial interrogations.