Facts
The case concerns a defamation and insult case involving several parties, including Dr. Felix Wiget, representing the company « The Henckel von Donnersmarck Beuthen Estates Ltd. », and the plaintiffs Henry Leir and Dr. Francis Schmolka. The plaintiffs filed a criminal complaint against Dr. Wiget for defamation, slander, and insults on May 18, 1953. Subsequently, they filed another complaint against Count Henckel von Donnersmarck on May 20, 1953, but withdrew it on June 26, 1953, citing that a complaint had already been filed against Dr. Wiget and that a civil action was pending in London against the company « Henckel von Donnersmarck Beuthen Estates Ltd. ».
Dr. Wiget requested the termination of the trial against him due to the withdrawal of the complaint, but the cantonal court rejected this request, considering that the withdrawal of the complaint against Count Henckel von Donnersmarck was not valid because the initial complaint had been filed late. Dr. Wiget then appealed to the SCC.
Considerations
The SCC examined the provisions of Article 31 paragraph 3 of the Swiss Criminal Code (SCC), which states that the withdrawal of the criminal complaint applies to all defendants, even if the withdrawal is only made against one of them. The Court considered that this provision implies that the withdrawal of the complaint against one of the defendants benefits all other defendants, insofar as they are considered co-defendants within the meaning of Article 31 paragraph 3 SCC.
The Court also examined the question of whether the time limit for filing a criminal complaint begins to run when the injured party personally becomes aware of the offense and its author, or whether this time limit can begin to run when the injured party's representative becomes aware of these facts. The Court considered that the time limit only begins to run when the injured…