Facts
The appellant [X.] appealed against the acquittal of [A.] , [B.] and [C.] of the charges of slander and insult. The High Court of the Canton of Bern did not enter into the proceedings against the respondents due to the statute of limitations. [X.] subsequently filed a criminal appeal with the Federal Supreme Court.
The Federal Supreme Court confirmed the decision of the High Court. It stated that the statute of limitations for the prosecution of offences against honour under Art. 178 para. 1 SCC is four years. Since the respondents were acquitted by the Regional Court, the limitation period continued to run after the first instance judgment. The High Court had therefore rightly discontinued the proceedings against the respondents in the criminal and civil aspects, insofar as the alleged acts were time-barred under criminal law.
Although the High Court had not expressly referred the matter to the civil courts, the Federal Supreme Court stated that the appellant could pursue the civil route if he was of the opinion that the civil statute of limitations had not yet expired.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It justified this by stating…