Whether the complaint against the prosecutor’s refusal to order a psychiatric expert report was admissible under Art. 393 and 394 CPP.
The complaint was inadmissible because the refusal to take evidence could be challenged later before the trial court without irreparable legal prejudice.
A refusal to administer evidence is generally appealable, but Art. 394 let. b CPP excludes complaints when the evidence request may be renewed later without prejudice. No irreversible prejudice was shown, and the requested psychiatric expertise did not need to be taken immediately.