Kernrechtsfrage
Whether fraud committed against a spouse in a divorce context is prosecutable only upon complaint
Extrahierter Entscheid
Yes. Fraud under Art. 146(3) CP is prosecutable only upon complaint when committed to the detriment of a close relative, including a spouse.
Extrahierte Begründung
The protected legal interest is property, not the administration of justice; the injured party is the person whose assets are harmed, so procedural fraud against the opposing spouse still falls under Art. 146(3) CP when that spouse is a close relative.