Facts
The case concerns Anton Achermann, who operated an art gallery in Lucerne, and who organized an exhibition of artworks attributed to masters such as Van Gogh, Cézanne, and Manet. The artworks were denounced as forgeries by the Swiss art dealers' union, and press articles were published in the Luzerner Tagblatt, criticizing the exhibition and Achermann. Achermann filed a complaint for defamation against the authors of the articles, namely Dr. Roland Petermann, Dr. Hans Bachmann, Hermann Böschenstein, and Karl Lüönd.
The court of first instance acquitted the defendants of defamation, but convicted Dr. Petermann and Dr. Bachmann of insult. The court of appeal overturned the decision and acquitted all defendants. Achermann filed an appeal to the SCC.
Considerations
The SCC examined the issue of the statute of limitations for press offenses. It considered that the statute of limitations continues to run after the pronouncement of a final cantonal judgment acquitting or dismissing the case, even when the public or private prosecutor has appealed to the SCC.
The SCC also examined the issue of the validity of the complaint filed by Achermann against Lüönd. It…