Facts
The present case concerns a complaint filed by the former chief of staff of the National Alarm Centre (X.) against the federal investigating judge. X. alleges that the press communication made by the federal investigating judge was illegal and requests the opening of criminal proceedings for breach of official secrecy. The federal investigating judge has filed a motion for inadmissibility of the complaint.Considerations
The DFC of the SCC has considered that the press communications of the federal investigating judge do not constitute "official acts" within the meaning of Art. 214 para. 1 CrimPC and therefore cannot be the subject of an appeal. Although the law speaks of "official acts" and not "investigative acts", the Court has held that a restrictive interpretation of this provision is required, as press communications do not further the criminal investigation and do not directly affect the legal situation of the accused.
However, the Court has noted that the federal investigating judge should, as far as possible, submit the press communications to the parties in advance so that they can take a…