Key legal question
Whether a nullity appeal is admissible against a decision giving effect to the accusation or against a referral order.
Extracted holding
No. The nullity appeal lies only against judgments deciding the criminal action or a preliminary issue capable of ending it; it is not available against procedural decisions, including a referral order.
Extracted reasoning
Under Art. 268(2) PPF, only judgments on the criminal action or certain preliminary issues are appealable. Procedural decisions are excluded, and Art. 268(3) PPF makes an exception only for final-instance non-lieu orders. A decision giving effect to the accusation, as well as a referral order, therefore cannot be challenged by nullity appeal.