Defamation Investigation Reinstated Despite Statute of Limitations on Underlying Abuse Allegation

The appellate court overturned the decision to discontinue the investigation into defamation, initiated after a daughter accused her father of childhood sexual abuse, because the father demanded an apology and retraction. The court reasoned that a criminal complaint for defamation (Art. 174 StGB) implicitly includes the less severe offense of insult (Art. 173 StGB) unless explicitly excluded, requiring investigation into both, and further held that the expiration of the statute of limitations for the underlying alleged crime (sexual abuse) does not preclude the collection of evidence to determine if the daughter acted "against better knowledge" for the defamation charge.