Admission to exculpatory evidence in cases of defamation through the press

Facts

The case concerns a defamation case through the press, in which the plaintiff, S., was referred to as a « Schwerverbrecher » and a « Krimineller » in a newspaper article. The defendant, W., was acquitted by the St-Gall district court of the defamation charges. The plaintiff appealed to the St-Gall cantonal court, which dismissed his appeal. The plaintiff then filed a nullity appeal with the SCC.

The facts of the case are as follows: on 22 October 1992, a newspaper article was published in the « St. Galler Nachrichten » and the « Rheintaler Boten », in which the plaintiff was referred to as a « Schwerverbrecher » and a « Krimineller ». The plaintiff considered these references to be defamatory and brought a lawsuit against the defendant.

The St-Gall district court acquitted the defendant, considering that the references in question were true and that the defendant had acted in good faith. The plaintiff appealed to the St-Gall cantonal court, which dismissed his appeal. The plaintiff then filed a nullity appeal with the SCC.

Considerations

The SCC examined the question of whether the defendant had been admitted to exculpatory evidence in a lawful manner. The SCC considered that admission to exculpatory evidence is determined exclusively on the basis of art. 173 ch. 3 SCC.

The SCC also examined the question of whether the truth of a statement published in the press, according to which someone had committed a specific offense or was a criminal, can be proven by a criminal judgment rendered and entered into force after the allegation in question. The SCC considered that the truth of such a statement can be proven by a criminal judgment rendered and entered into force…