Facts
The case concerns a defendant convicted at first instance for defamation under Art. 173 of the Swiss Criminal Code (CP) for having published a defamatory text on his internet page in the form of a blog. The defendant was sentenced to a suspended monetary penalty.
On appeal, the Cantonal Court acquitted the defendant, considering the criminal action to be time-barred. The Public Prosecutor's Office filed an appeal in criminal matters with the Federal Tribunal, challenging the decision of the Cantonal Court.
Considerations
The Federal Tribunal dismissed the appeal, confirming that the criminal action was time-barred at the time of the first instance judgment.
According to the case law of the Federal Tribunal, offenses against honor, even if committed through publications on the internet, constitute instantaneous and not permanent offenses. Consequently, the prescription of the criminal action begins to run from the moment of publication of the defamatory text, regardless of the fact that it remains accessible online for a certain period of time.
The Federal Tribunal rejected the argument of the Public Prosecutor's Office that, in the case of defamation on the internet, the prescription should run until the time when the text is removed from the website. Such an…