Question juridique clé
Whether the appellant's statements about the respondent were calumnious under Art. 174 CP, including the subjective element of knowledge of falsity.
Solution extraite
The conviction was lawful because the appellate court found the statements false and found that the appellant knew they were false; mere eventual intent is insufficient for calumny, but direct knowledge was established.
Motifs extraits
Truth and falsity are factual questions not reviewable in nullity. On remand, the cantonal court specifically found that the appellant could not ignore that the respondent's writings did not amount to insults, threats, or intimidation maneuvers, which amounts to knowledge of falsity.