Questão jurídica principal
Whether the criminal prosecution for defamation/insult was time-barred on appeal
Decisão extraída
The prosecution was time-barred; after a first-instance acquittal, limitation continued to run and the appellate court could only discontinue the proceedings.
Fundamentação extraída
Under Art. 97(3) StGB, only a first-instance conviction stops limitation. Since the respondents were acquitted below, limitation had not ceased to run. Limitation is a procedural bar that requires discontinuance, not acquittal.