Whether the appeal against the refusal to order a second psychiatric expertise was admissible.
The appeal was inadmissible because the refusal could be challenged again before the first-instance court and caused no irreparable legal prejudice.
Under Art. 394 let. b CPP, a refusal of evidence is inadmissible on appeal when it can be renewed before the trial court without prejudice. The requested expertise concerned the accused’s mental state and preventive measures, and did not involve evidence likely to disappear or be irretrievably altered.