when the Supreme Public Prosecutor raises the case with a view to appeal before the People's Chamber. Par. 10. The People's Chamber bases its decision resting on the merits of the matter-apart from the exception summarized in Par. 11-on the facts found by the Court of First Instance. Par. 11/1. When the Court of First Instance: (a) has set out the facts in a deficient way, or (b) has stated the facts unclearly, in a way inconsistent with the documents or relying on assumptions which are incorrect, and the complete i. e. correct state of facts can be ascertained without doubt from the documents, the state of facts can be supplemented or corrected by the People's Chamber ex officio. Par. 11/2. When in cases falling under (1) the complete that is to say the correct state of facts cannot be ascertained without doubt from the documents, the People's Chamber can at its discretion: (a) order the statement of evidence to be supplemented, or (b) declare the sentence of the Court of First Instance to be a nullity and direct the Court of First Instance to hold a new trial. Par. 11/3. The People's Chamber in cases falling under (2) point a can either conduct the hearing of evidence itself or entrust it to the Court of First Instance. Par. 11/4. In cases falling under (2) point b another Chamber of the Court of First Instance can be entrusted with the proceedings. The People's Chamber hears any appeal against the new sentence of the Court of First Instance when the matter is re-heard. Par. 11/5. When the People's Chamber supplements or corrects the state of facts it reviews the sentence of the Court of First Instance on the basis of the stated facts which it has establlished. Par. 12/1. When the People's Chamber establishes that the Court of First Instance has decided incorrectly, it changes the sentence of the Court of First Instance and makes a decision in accordance with the law. Par. 12/2. The People's Chamber-after due consideration of all the circumstances to be taken into account-can sentence an accused who has been found not guilty or increase the sentence of a person who has been punished even when the Public Prosecutor makes no appeal against the interest of the accused. JUDGMENT IN CASES OF SPECIAL REMEDIES Par. 13. The Supreme Public Prosecutor or the President of the Supreme Court can lodge a protest also with the People's Chamber in the interest of legality against legally binding decisions of any court in a criminal matter, except when the decision in question has been made by the Presidential Council of the Supreme Court of the People's Republic. Par. 14/1. The Supreme Public Prosecutor can make an application for retrial in the case of a legally binding decision of any court also before the People's Chamber. When the People's Chamber finds that the request is well founded it can rehear the case itself. Par. 14/2. The provisions contained in (1) are also to be used in a case for an application for retrial of a decision of the People's Chamber. DECISION CONCERNING RECOMMENDATIONS FOR MERCY AND THE EXECUTION OF SENTENCES Par. 15/1. When the People's Chamber sentences an accused person to death it immediately decides whether to make a recommendation for mercy or not. Par. 15/2. When the People's Chamber unanimously or by majority decides to make a recommendation for mercy it sends immediately the documents in the case with any request for mercy submitted and with the statement of attitude of the Supreme Public Prosecutor and of the People's Chamber to the Minister of Justice in order that they may be forwarded to the Presidential Council of the People's Republic. Par. 15/3. When the People's Chamber doesn't recommend the accused person for mercy it is responsible for the carrying out of the death sentence. Par. 16. The execution of sentences of imprisonment must take place im. mediately after the announcement of the sentence of the People's Chamber. CHAPTER III PROVISIONS OF THE CRIMINAL LAW Par. 17/1. When the People's Chamber is trying at first instance a criminal act which falls within the provisions of the summary procedure (No. 4/1957 Decree-Law Par. 1 (1)–(2)) it decides on the sentence according to Par. 5 and sub-paragraph 1 of Par. 8 of the abovementioned Decree-Law. Par. 17/2. When the People's Chamber is sitting as a court of second instance or in connection with special remedies, punishment for a criminal act which falls under the provisions of a summary procedure (No. 4/1957, Decree-Law Par. 1/-/2 sub-para) is decided upon in accordance with Par. 5 and sub-para 1 of Par. 8, if the proceedings at first instance were conducted according to the regulations governing summary criminal procedure. The provisions of Par. 9-14 are also to be used in these cases. CHAPTER IV MISCELLANEOUS AND COMING INTO FORCE OF THE DECREE-LAW Par. 18. The following provisions take the place of the second part of subpara 1 of Par. 5 of the Decree-Law No. 4 of 1957: "The court can according to all the circumstances of the case award life imprisonment or 5 to 15 years imprisonment instead of the death-sentence. Any lesser punishment cannot be given." Par. 19/1. The Decree-Law is to be applied in cases which are proceeding at the time of its coming into force. The provisions of the Decree-Law concerning judgment in applications for retrial or in proceedings questioning the legality of the proceedings are also applicable in cases which were decided by a legally binding decision before the coming into force of this Decree-Law. Par. 19/2. The provisions of sub-para 1 do not affect sub-para 3 of Par. 214 of the Code of Criminal Procedure. Par. 20. This Decree-Law comes into force on the day of its promulgation." President of the Presidential Council of the People's Republic. APPENDIX B Secretary. Ordinance no. 1/1957 (III.19) B. M. of the Minister of the Interior Concerning Expulsion and the Placing of persons under police control (Magyar Közlöny, No. 32, March 19, 1957). To put into effect Decree no. 1830/1939 M. E. and to ensure legality more effectively, I herewith decree: Para 1 The heads of the "chief commands" of the county police/the police of Budapest may: (a) Expel from their permanent or temporary domicile, or from a specified part of the country, persons who are dangerous to the state and public security or to the life of the socialist community or who are undesirable having regard to other important State interests, or dangerous for the economy. (b) place these persons under police control at their permanent or temporary domicile, or within the territorial administrative unit in which his domicile is seated. (c) expel a person, and at the same time place him under police supervision in another part of the country. Para 2 The measures of restraint listed in section 1 cannot be taken against: (a) persons who have completed their 60th year; (b) persons who have at least two children under 10 years of age, or (c) who have two dependents who do not earn and who are supported by the persons in question and whose existence would be detrimentally affected by such measures of restraint. Para 3 The following groups of persons cannot be expelled or placed under police supervision: (a) persons against whom criminal proceeding must be brought on the basis of evidence which is available or can be made available, (b) persons who are minors; (c) persons who according to the Police doctor suffer from a protracted or serious illness; (d) women in an advanced stage of pregnancy; (e) persons who are deaf, crippled or in any other way disabled, or who are unsound of mind. Para 4 (1) Within 15 days after being served with a final order of expulsion the person who is expelled shall leave his/her domicile and move to another residence of his/her choice. The person expelled may choose any other place of residence, excepting the area specified in the order of expulsion. (2) A person expelled may not return to the village (town, district, area) from which he/she has been expelled, without previous permission of the competent police unit of his/her new domicile. Para 5 Persons who, in addition to being expelled, have been placed under police control must move, within 15 days after being served with a final order of expulsion, to the village (town, district, area) assigned to them by the police command. They may leave their forced residence only with the permission of the police command of their new domicile. Para 6 (1) Persons placed under police supervision: (a) may not leave their residence, or the administrative territorial unit stated in the warrant, without the previous permission of police command, of the venue of his/her new residence; (b) must report to the police at intervals as provided in the order; (c) must abide by the restrictions provided in the order. (2) The order placing a person under police control shall not provide that he/she must report to the police (conf. al. 1 of the present section) more than once a week. (3) The police command may forbid a person who is under police control: (a) to leave at a certain period of the day; (b) to visit public places in general, or specific public places; (c) to use a telephone in his flat. (4) These restrictions must be determined in a manner so as not to hinder the person who is under police control from following his occupation. Para 7 The expulsion and placing of persons under police control are only for a period of six months, which may be extended three separate times for an additional six months, but not to exceed a total of 2 years. After each six months' period the case must be re-examined ex officio. Para 8 (1) Orders, imposing restrictive measures as provided in this Decree and made in the first instance, and orders made in the course of the re-examination of the case, which uphold the former, may be appealed against. (2) An appeal made against a decision in the first instance suspends its execution. (3) The appeals are decided by the State police command of the Ministry of the Interior. Para 9 An expulsion order which has become final or an order concerning the placing of a person under police control and reversal of such orders, must be noted in the Identity Card of the persons expelled or placed under police control. Para 10 The person who has been expelled by the police from one or more places or from a specific area of the country and, while under the expulsion order, returns thereto, and the person who infringes or eludes the provisions concerning police control, commits a contravention as defined in the decree, having the force of an act, no. 16/1956. Para 11 The present Decree comes into effect as from the day of its publication. Its provisions must be applied also to cases which are sub judice. Para 12 The present Decree will be put into effect by the national police command of the Ministry of the Interior. Para 13 Decree no. 760/1939 B. M. is invalid as at the coming into force of the present Decree. BELA BISZKU, Minister of the Interior. APPENDIX B A PARTIAL LIST OF VICTIMS OF THE LEGAL TERROR IN HUNGARY This list of those who have been executed, arrested and imprisoned by the Budapest regime was compiled for the most part from official Hungarian sources. A number of names that were not of public record are included. The information on some of the cases is incomplete for the simple reason that this was all that appeared in the Hungarian press. The actual number of those executed and incarcerated is many times greater than the list presented here. |