Key legal question
Whether a criminal complaint for defamation and assault is formally valid when filed within the time limit together with a copy of the request for conciliation before the justice of the peace.
Extracted holding
Yes. Filing the complaint itself together with a copy of the conciliation summons request within the statutory period satisfies the formal requirements.
Extracted reasoning
§ 79(2) StPO must be read in light of Art. 31 StGB. The term 'certificate' cannot be construed so strictly that a copy of the request for conciliation, filed together with the complaint and proved to have been posted, would be insufficient. Earlier case law concerned situations where only the conciliation request was filed, not a complaint plus copy of the request.