Questione giuridica chiave
Whether a request for a reconciliation hearing before the peace judge preserves the three-month criminal complaint period for defamation-type offences.
Decisione estratta
No. Under Solothurn procedural law, the complaint period is not preserved by the mere request for a summons before the peace judge; the applicant must also file proof that the reconciliation attempt took place or was at least requested within the same period.
Motivazione estratta
The wording of § 79(2) StPO requires timely submission of evidence of the reconciliation attempt. A summons request alone is insufficient because, unlike systems with automatic transmission by the peace judge, the procedure does not continue automatically after an unsuccessful attempt. The court relied on the statutory text and legislative history showing that such an automatism was intentionally rejected.