Facts
The SCC was seized of an appeal for nullity against a judgment of the Cantonal Court of Upper Valais. The court of first instance had found X. guilty of negligent homicide and negligent disruption of public traffic, and had sentenced him to a suspended prison sentence and a fine. Regarding the civil claims of the heirs of the victim C., the court of first instance had referred them to civil proceedings, considering that the conditions for the joinder of the civil party were not met.
The Cantonal Court upheld the appeal of the heirs and ordered X. to pay them damages and compensation for moral harm. X. then appealed to the SCC, arguing that the civil claims were time-barred.
Considerations
The SCC dismissed the appeal. It considered that when the injured party has constituted itself as a civil party in the criminal proceedings, the interruption of the statute of limitations of the criminal action also has the effect of interrupting the statute of limitations of the civil action. Indeed, as long as the injured party has not appeared as a civil party in the criminal proceedings, the acts interrupting the criminal statute of limitations cannot have an effect on the civil statute of limitations.
However, as soon as the injured party has constituted itself as a civil party, the acts interrupting the criminal statute of limitations also benefit the civil statute of limitations. Otherwise, the civil claim could become…