Questão jurídica principal
Whether the civil damages claim was time-barred or subject to the longer criminal limitation period under Art. 60(2) CO.
Decisão extraída
The claim was not time-barred because the conduct met the elements of the criminal offence of false medical certificate and the five-year criminal limitation period applied.
Fundamentação extraída
The doctor intentionally issued false certificates to an authority; the insurer was within the protected circle of Art. 318 CP; and the injury was adequately caused by the certificates and the ensuing denial of AI benefits.