Facts
The complainant X. operates a pizzeria in Z. On February 11, 2003, there was a physical altercation between X. and two guests, Y. and A. Subsequently, A. called the police, and X. asked Y. and A. to leave the premises. While waiting for the police, Y. and A. are said to have insulted X. in the worst possible way. X. filed a criminal complaint for defamation against Y. The District Court of Prättigau/Davos convicted Y. of defamation, but the Cantonal Court of Graubünden overturned the judgment and discontinued the proceedings. X. then filed a nullity appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court states that for a valid criminal complaint pursuant to Art. 28 of the Swiss Criminal Code, the complainant must declare their unconditional will to prosecute the perpetrator in the form prescribed by cantonal law. It is sufficient if the complainant describes the facts as defamation without listing the specific insults. The legal assessment of whether the terms used fulfill the elements of defamation under Art. 177 of the Swiss…