Facts
The case concerns an appeal for nullity filed by X. and Y. against Z. The Federal Court was seized after a discharge judgment was rendered in the last cantonal instance. The facts date back to 1985, and the issue of the absolute statute of limitations of the criminal action is at the heart of the debate. The parties filed cantonal and federal appeals, including a request for nullity with the Federal Court.
The judges examined the relevant articles of the Swiss Criminal Code (SCC) and the Federal Criminal Justice Act (FCJA), in particular articles 178, 268 and 72. They also took into account the case law, such as the judgments ATF 97 IV 157, 111 IV 90 and 109 IA 91.
Considerations
The Federal Court examined the issue of the absolute statute of limitations of the criminal action and its consequences on the appeal for nullity. According to article 178 of the SCC, the statute of limitations for criminal offenses against honor is two years, but can be interrupted. However, article 72 of the SCC provides that the absolute statute of limitations occurs after four years.
The judges considered that the absolute statute of limitations of the criminal action had been acquired, as more than four years had passed since the facts. They also examined the procedural consequences of this statute of limitations on the appeal for nullity. According to the case law, the appeal for nullity is inadmissible when the absolute statute of limitations of the criminal action has been acquired, as there is no longer a legally protected interest for the parties.
The…