Facts
Parties: Appellant X. (President of the ECU), Respondent Z. (Vice President of the ECU), Club Member Y.
Facts: The ECU is an association based in Starnberg, Germany. In June 1994, club member Y. sent a letter to President X., accusing Vice President [Z.] of planning a destructive attack against the club. President X. forwarded this letter to all club members, including at least two in Switzerland. Vice President [Z.] filed a criminal complaint for defamation and unfair competition. The Higher Court of the Canton of Bern convicted X. of defamation and fined him 1,000 francs.
Main Issue: Whether Swiss jurisdiction applies to defamatory statements in letters from abroad.
Considerations
The appellant argues that the act was committed exclusively abroad and therefore does not fall under Swiss criminal law. He also invokes Art. 27 aSCC, which regulates criminal liability for press offenses, and denies that the statements were defamatory.
The Federal Court notes that Swiss jurisdiction applies pursuant to Art. 3 No. 1 para. 1 SCC and Art. 7 para. 1 SCC when a crime or offense is committed in Switzerland. In cases of defamation, the effect under Art. 7 para. 1 SCC is the awareness of the defamatory statements by third parties. Since the statements were made known in Switzerland, Swiss jurisdiction applies.
Th…