Kernrechtsfrage
Whether the cantonal court could limit restitution to five years because the longer criminal limitation period was not applicable.
Extrahierter Entscheid
The cantonal court erred in excluding fraud solely because the administration had been negligent; the matter must be reconsidered to determine whether fraud or another offence triggers the longer limitation period.
Extrahierte Begründung
The administration had initially checked the financial situation and had no reason to suspect the later, major inheritance. Its lack of further checks did not rule out astute deception by the insured. The lower court must examine the elements of fraud or other statutory offences and then apply the corresponding limitation period.