Facts
[X.] had sued [A.] for 50,000 Swiss francs plus 5% interest since February 15, 2008. On June 26, 2013, [A.] filed a negative declaratory action against [X.] . In his statement of defense dated September 8, 2013, [X.] made statements about [A.] that led to the opening of a criminal investigation for libel, alternatively defamation.
By penal order dated September 26, 2016, the Office of the Attorney General of the Canton of Schwyz convicted [X.] of defamation within the meaning of Art. 173 para. 1 of the Swiss Criminal Code (SCC). [X.] filed an objection and was found guilty of defamation by the District Court of March on June 19, 2017. The Cantonal Court of Schwyz upheld the conviction on appeal on July 9, 2018.
Considerations
The Federal Supreme Court dismissed [X.] 's appeal. It found that [X.] 's statements in the statement of defense dated September 8, 2013 were not justified under Art. 14 SCC (Acting on the Basis of Legal Authorization). The statements were neither procedurally relevant nor factual in the civil dispute over the claim, but were unnecessarily injurious.
The Federal Supreme Court confirmed that [X.] was unable to provide the exculpatory evidence under Art. 173…