Arrêt de IIe Cour de Droit Public, 25 juin 1981
Conférencier | Publié |
Date de Résolution | 25 juin 1981 |
Source | IIe Cour de Droit Public |
Chapeau
107 Ib 80
18. Extrait de l'arrêt de la IIe Cour de droit public du 25 juin 1981 dans la cause Gabriel Châtelain contre Département fédéral de justice et police (opposition à une demande d'extradition)
Regeste
Assistance judiciaire: conditions de son octroi au détenu extraditionnel.
Extrait des considérants: à partir de page 79
BGE 107 Ib 80 S. 79
Extrait des considérants:
4. L'opposant a requis le bénéfice de l'assistance judiciaire. Relatives à la procédure de recours administratif, les dispositions de l'art. 65 PA ne sont directement applicables ni à la procédure devant l'Office fédéral de la police ni à celle devant le Tribunal fédéral.
Dans les causes pénales importantes, soumises aux tribunaux suisses, le prévenu peut obtenir l'assistance judiciaire et la désignation d'un avocat d'office déjà durant l'instruction, sur la base de l'art. 4 Cst.; sont considérées comme graves les peines pour lesquelles le sursis ne peut être accordé (ATF 105 Ia 291,ATF 103 Ia 5,ATF...
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