Facts
The complainants, [A.C.] , [D.F.] and [G.] , filed a criminal complaint against [B.C.] and [E.F.] on 17 February 2012 for defamation and slander. The Public Prosecutor's Office of the Canton of Basel-Stadt discontinued the proceedings on 14 May 2014. The Court of Appeal of the Canton of Basel-Stadt dismissed the complaints against the discontinuation orders on 22 May 2015.
The complainants filed a criminal appeal on 14 September 2015, requesting that the appellate court's decision be set aside and the Public Prosecutor's Office be instructed to resume the proceedings. They also alleged a denial of justice and delay of justice.
Considerations
The Federal Court examined the admissibility of the appeal and found that the statute of limitations for the offenses against honor had expired, as the alleged violations of honor had expired at the latest by the end of December 2015. A conviction of the respondents is therefore no longer possible, and the appeal is not to be entertained insofar as the complainants request the reversal of the lower court's decision and the remand of the case to the Public Prosecutor's Office.
However, the Federal Court examined the allegation of delay of justice and found that the principle of expediency was violated in the cantonal proceedings. The criminal complaint dated back to 17 February 2012, and the discontinuation orders were not issued until 14 May 2014, i.e. approximately…