Facts
The case concerns an appellant who was charged with offenses against honor. The Public Prosecutor's Office of the Canton of Aargau brought charges against the appellant based on statements he had made on August 7 and 14, 1962. The High Court rendered a judgment on July 12, 1966, which was served on the parties on August 26, 1966. The appellant then filed a nullity appeal with the Federal Supreme Court, arguing that the criminal prosecution had only been completed with the opening of the written and reasoned judgment and thus after the expiration of the statute of limitations.
Considerations
The Federal Supreme Court dismissed the appellant's appeal. It stated that criminal prosecution is completed with the issuance of the final cantonal judgment, regardless of when and in what form the judgment is opened. The cantonal procedural rules on the opening of the judgment are only relevant for the start of the appeal deadlines, but do not change the fact that the opening of the judgment is no longer an act of criminal prosecution, but merely the notification that the prosecution has been completed.
The Federal Supreme Court further clarified that the filing of a nullity appeal does not restart the statute of limitations. Only if the Federal Supreme Court quashes the cantonal judgment and remands the case to…