Question juridique clé
Whether the accused could invoke the defense of safeguarding legitimate interests in a defamation case under revised Art. 173 CP.
Solution extraite
No. After the revision of Art. 173 CP, this defense is no longer available; acquittal is possible only if one of the statutory exculpatory proofs under Art. 173 ch. 2 CP is established and admissible under ch. 3.
Motifs extraits
The court held that the former case law on legitimate-interest protection under the old version of Art. 173 CP no longer applies after the 1950 revision. Since the disputed accusations targeted the complainants, the cantonal judgment wrongly treated the legitimate-interest argument as sufficient for discharge.