Questão jurídica principal
Whether an immediate federal criminal appeal against the cantonal inadmissibility ruling was admissible under Art. 93 LTF.
Decisão extraída
No immediate appeal lay because the challenged decision was incidental and did not cause irreparable legal harm, nor would admission immediately lead to a final decision avoiding lengthy and costly evidence.
Fundamentação extraída
Refusal of evidence in criminal proceedings is ordinarily reviewable after the final judgment; the alleged harm from an unfavorable psychiatric report was only factual, not legal. The possibility of later renewing the request before the trial court and raising it on appeal removed irreparable prejudice.