Questione giuridica chiave
Whether the statements in the September 10 and September 15, 1998 submissions were time-barred
Decisione estratta
Yes. The defamatory statements in those two submissions were absolutely time-barred by September 19, 2002 because defamation under Art. 173 StGB does not form a limitation unit with the other acts.
Motivazione estratta
Repeated defamatory acts form a limitation unit only if the offense conceptually includes continuing wrongful conduct. Art. 173 StGB is completed once a third person learns of the allegation and does not encompass a continuing duty breach.