Conviction for Multiple Violations of the Federal Act Against Unfair Competition

Facts

The appellant Christian Gerig was charged with having violated Art. 23 in conjunction with Art. 3(a) of the Federal Act Against Unfair Competition (UCA) multiple times in an article published on 11 April 1991 in the weekly newspaper "Die Weltwoche". The indictment accused him of making incorrect, misleading and/or unnecessarily defamatory statements about the opposing parties Lorze AG and Adrian Gasser in the article, which had impaired their competitive position.

The High Court of the Canton of Zurich convicted Gerig in two instances of multiple violations within the meaning of Art. 23 in conjunction with Art. 3(a) UCA and sentenced him to fines and ordered him to pay compensation to the opposing parties.

Considerations

The Federal Supreme Court upheld its case law, according to which the statute of limitations for prosecution does not run during the period between the issuance of the convicting judgment of the last cantonal instance and the opening of a decision of the Federal Supreme Court that overturns the cantonal judgment. Therefore, the criminal prosecution was not time-barred.

The Federal Supreme Court confirmed that the statements contained…