Facts
The appellant A. was arrested on 25 December 2020 on suspicion of intentional homicide and threat, and has been in custody ever since. A forensic psychiatric expert opinion of 8 August 2021 diagnosed a disorder due to multiple substance use and consumption of psychotropic substances, as well as a dissocial personality disorder with psychopathic traits. The appellant requested a new forensic psychiatric expert opinion on 10 December 2021, which was rejected by the public prosecutor's office.
The appellant lodged a complaint with the Complaints Chamber in Criminal Matters of the High Court of the Canton of Bern, which did not entertain the complaint. The appellant applied to the Federal Court to set aside the decision of the Criminal Chamber of the High Court and to have a new psychiatric expert opinion drawn up by an independent expert.
Considerations
The criminal procedural complaint is admissible under Art. 393 para. 1 lit. a CrimPC, among other things, against rulings and procedural acts of the public prosecutor's office. However, the complaint is excluded against the rejection of requests for evidence by the public prosecutor's office if the request can be repeated without legal detriment before the court of first instance (Art. 394 lit. b CrimPC).
The appellant claims that the forensic psychiatric expert opinion of 8 August 2021, or 1 November 2021, is flawed in several respects and was not drawn up by an unbiased expert. He therefore requested the preparation of a new psychiatric expert opinion by another expert. This request for evidence cannot be repeated without legal detriment before the court of first instance.
However, the Federal Court decided that the appellant had not demonstrated a threatened legal detriment within the…