Facts
The case concerns a dispute between Johann Leuenberger and Franz Leuenberger, where Johann Leuenberger filed a criminal complaint against Franz Leuenberger for defamation. The complaint was filed on 31 October 1956 and reached the competent authority, the Statthalteramt Willisau, on 2 November 1956. The issue in dispute is whether the complaint was filed within the deadline, given that the last day of the complaint deadline, 1 November 1956, was a public holiday recognized by the applicable cantonal law.
The facts of the case are as follows: Johann Leuenberger learned of the defamatory remarks made by Franz Leuenberger on 24 July 1956 on 2 August 1956. The three-month complaint deadline began to run from this date. The complaint was filed on 31 October 1956 and reached the competent authority on 2 November 1956.
Considerations
The Federal Court examined the issue of whether the complaint deadline should be extended when the last day of the deadline coincides with a public holiday recognized by the applicable cantonal law. The Court considered that Swiss criminal law does not contain a specific provision on how to calculate the complaint deadline in such cases.
However, the Court estimated that the general rule that deadlines are extended when their last day coincides with a public holiday, which applies in other areas of federal law, should also apply to the criminal complaint deadline. This rule is considered a general principle of federal law that promotes legal certainty.
The Court also examined the issue of whether the complaint had been filed within the deadline, taking into…