Inadmissibility of the appeal against the suspension decision of the court of first instance

Facts

Parties: Appellant: Ministère public du canton du Valais; Respondent: A.

Courts: Tribunal de district de Monthey, Tribunal cantonal du Valais, Federal Supreme Court (1B_401/2016).

Date: February 14, 2017.

Facts: The appellant, the Ministère public du canton du Valais, filed an appeal against a decision of the Tribunal de district de Monthey, which had suspended the proceedings and referred the file back to the Ministère public. The appellant argued that this decision was appealable regardless of any irreparable harm. However, the Tribunal cantonal du Valais dismissed the appeal as inadmissible, as no irreparable harm was present.

Considerations

The decision of the court of first instance to suspend the proceedings and refer the file back is a procedural decision pursuant to Art. 329 para. 2 CrimPC. Pursuant to Art. 393 para. 1 lit. b CrimPC, an appeal against such decisions is only admissible if irreparable harm is present.

The case law of the Federal Supreme Court confirms that procedural decisions made before the opening of the main hearing are only appealable if they cause irreparable harm. Such harm is not present if the…