Question juridique clé
Whether a public law appeal is admissible against an incidental decision refusing evidence in a criminal investigation.
Solution extraite
No. A decision that only refuses evidence is an incidental decision, and the appellant showed no irreparable legal prejudice within the meaning of Art. 87 al. 2 OJ.
Motifs extraits
The continuation of the criminal proceedings causes only material inconvenience, which is not irreparable prejudice. Any complaint about the refusal of evidence can still be raised against a final adverse judgment, including for violation of the right to be heard.