Facts
The case concerns a man, T., sentenced to pay child support for his two children. On 9 January 1991, the guardianship authority of Orvin filed a complaint against T. for violation of a maintenance obligation committed from April 1989. The cantonal court decided not to pursue the complaint for the period from April 1989 to October 1990 and acquitted T. of the charge of violation of a maintenance obligation for the period from November 1990 to August 1991.
The Attorney General of the canton of Berne lodged an appeal against this judgment, invoking a violation of art. 71 and 217 SCC as well as a disregard for the concept of a continuing offence.
Considerations
The Federal Court examined the issue of the starting point of the complaint period in cases of violation of a maintenance obligation. It ruled that the complaint period only begins to run from the last culpable omission, when the perpetrator culpably fails, for a certain period of time and without interruption, to provide the due food or subsidies.
The court also examined the concept of a continuing offence and ruled that it should be abandoned. It estimated that the complaint period cannot be interrupted or suspended and that the nature of the complaint periods and the statute of limitations for criminal proceedings is different.
The Federal Court concluded that the cantonal authority had violated federal law by…