Question juridique clé
Whether a constitutional complaint is admissible against a criminal referral order that is incidentally appealable only if it causes irreparable legal harm.
Solution extraite
No. The referral order is an incidental criminal decision that does not cause irreparable legal harm, so the subsidiary constitutional complaint is not open.
Motifs extraits
Article 117 LTF applies Article 93 LTF by analogy to constitutional complaints. As with ordinary criminal appeals, a referral to trial causes only factual disadvantages such as delay or costs, not irreparable legal harm of a legal nature.