Questione giuridica chiave
Whether the criminal appeal against the referral order was admissible under Art. 92 LTF as a separate decision on jurisdiction.
Decisione estratta
No. The referral order did not finally decide the trial court’s competence and could still be challenged before the trial court.
Motivazione estratta
Art. 92 LTF requires a separate decision that definitively settles jurisdiction. A referral order merely seizes the trial court and does not finally determine its competence, especially where the accused may later seek severance or contest the jury court’s composition/competence at trial.