10. The provisions of ss. 8-9 shall be applicable to cases where the Chief Prosecutor raises a charge before the People's Court of the Supreme Court (s. 5 (1)) and suggests summary procedure. ADJUDICATION ON APPEAL 11. Appeals against decisions of County People's Courts shall be heard by the People's Court of the Supreme Court. 12. (1) In case of appeals lodged against decisions of County People's Courts, s. 190 (2) of the Code of Criminal Procedure shall be applied, except that the appellant may, if the judgment be served on him, within three days therefrom give detailed reasons for his appeal. (2) Periods specified in s. 195 (2) and (3) of the Code of Criminal Procedure shall not be applicable to appeals against decisions of County People's Courts; and appeals shall be heard within the shortest possible time. 13. (1) Appeals lodged against judgments of first instance of any court shall be adjudicated upon by the People's Court of the Supreme Court if the President of the Supreme Court attributes the appeal to fall within the jurisdiction of, or if the Chief Prosecutor refers the appeal for adjudication to, that Court. (2) The provisions of s. 12 (2) shall be inapplicable in cases to which subsection (1) of the present section applies. 14. Save for the exceptions set out in s. 15 hereof, decisions on the merits of the appeal before the People's Court of the Supreme Court shall be based on the facts as found by the court of first instance. (b) the finding of facts is obscure, contradicts the contents of documents, or is based on wrong factual conclusions, and the full and/or true facts can be ascertained from the documents beyond all doubt, the People's Court of the Supreme Court shall supplement and/or amend the facts as found by the court of first instance. (2) If from the documents the full or true facts cannot be ascertained beyond all doubt under sub-section (1) the People's Court of the Supreme Court shall— (a) order additional evidence to be adduced, or (b) invalidate the judgment of first instance and order the court of first instance to conduct a re-trial. (3) In cases to which paragraph (a) of sub-section (2) applies the People's Court of the Supreme Court shall either adduce the evidence itself or direct the court of first instance so to do. (4) In cases to which paragraph (b) of sub-section (2) applies, re-trial may be ordered to be conducted by another People's Court of that court of first instance which conducted the original proceedings. Appeals lodged against a judgment resulting from such re-trial shall also be adjudicated upon by the People's Court of the Supreme Court. (5) If the People's Court of the Supreme Court supplements and/or amends the finding of fact, its adjudication upon the judgment of the court of first instance shall be based on its own (the People's Court of the Supreme Court's) finding of fact. 16. (1) If in the opinion of the People's Court of the Supreme Court the judgment of the court of first instance was wrong, it (the People's Court of the Supreme Court) shall vary the judgment of the court of first instance and decide according to law. (2) The People's Court of the Supreme Court may convict the accused and/or increase his sentence even if the Prosecutor has not lodged an appeal. EXTRAORDINARY REMEDIAL MEASURES 17. Objections on the grounds of legality raised by the Chief Prosecutor or by the President of the Supreme Court against a final judgment of County People's Court and the Chief Prosecutor's proposals for re-trials shall be adjudicated upon by the People's Court of the Supreme Court. 18. (1) Unless the decision was made by the Supreme Court, the Chief Prosecutor or the President of the Supreme Court may, in the interest of legality, lodge with the People's Court of the Supreme Court their objection against a final decision in a criminal matter of any court. (2) Objections on the grounds of legality raised against final decisions of the People's Court of the Supreme Court or the Military Divisional Court of the Su preme Court (s. 24) may be referred to, and adjudicated by, a Presidential Court consisting of the Chairman, being a professional judge appointed by the President of the Supreme Court, and three professional judges and seven People's judges or military assessors (as the case may be). (3) Objections on the grounds of legality raised by the Chief Prosecutor or the President of the Supreme Court against a final decision of another criminal court of the Supreme Court may also be referred to the Presidential Court specified under sub-section (2). 19. If the People's Court of the Supreme Court and/or the Presidential Court specified in s. 18 (2) takes a meritorious decision on the objection raised on the ground of legality (s. 227 (3), Code of Criminal Procedure), this decision may be less favourable to the accused than the invalidated decision has been, provided the period that had elapsed between the decision complained of becoming final and the notification of the objection is less than one year. 20. The Chief Prosecutor may submit to the People's Court of the Supreme Court his proposal for the re-trial of any proceedings resulting in a final decision. If the People's Court of the Supreme Court finds the said proposal to be well founded, it may itself conduct the re-trial proceedings. DETERMINATION OF RECOMMENDATIONS FOR MERCY AND IMPLEMENTATION OF JUDGMENTS 21. (1) If the accused is sentenced to death by the People's Court, the People's Court shall, after hearing the Prosecutor, in camera express a reasoned opinion on whether or not it will recommend the accused for mercy. (2) If the People's Court of the Supreme Court unanimously or by majority vote recommends mercy for the convicted person, the papers relating to the case (if any) and the opinion of the People's Court of the Supreme Court shall forthwith be transferred to the Minister of Justice for submission to the Presidential Council of the People's Republic. (3) If the People's Court of the Supreme Court does not recommend mercy for the convicted person, it shall direct the carrying out of the death sentence. 22. The implementation of a sentence of imprisonment imposed by the People's Court shall be put into effect immediately upon the publication of the judgment. SENTENCES WHICH PEOPLE'S COURTS MAY IMPOSE 23. (1) The sentence to be imposed by the County People's Court for the crimes listed in s. 4 hereof shall be death. Having regard to all the circumstances of the case the Court may, in lieu of the death penalty, impose a sentence of imprisonment for life or for a period of 5 to 10 years; there shall be no further lightening of sentence. Insofar as the act concerned is, by law, punishable by death even apart from the present Decree-Law, no shorter term of imprisonment than 10 years shall be imposed. (2) s. 53 of the Criminal Code (General Part) shall be inapplicable to proceedings before the County People's Court. (3) If the accused is a minor, he shall be sentenced in accordance with the provisions of s. 8 of Decree-Law No. 34 of 1951 (Ftvr.). This shall not, however, affect the provisions of C. R. Cr. L., s. 12. (4) Whenever the People's Court of the Supreme Court proceeds as a court of first instance according to the rules of summary jurisdiction in respect of any crime set out in s. 4 hereof, it shall impose sentence pursuant to sub-sections (1)-(3) hereof. (5) If proceedings at first instance were conducted by the People's Court, the People's Court of the Supreme Court shall, at second instance or by way of an extraordinary remedial measure, also impose sentence pursuant to subsections (1)-(3) hereof. (6) The provisions contained in this section shall not be applicable to crimes committed prior to the 15th day of January 1957. PROVISIONS CONCERNING COURTS MARTIAL PROCEEDINGS 24. (1) The provisions contained in ss. 4-23 hereof shall also be applicable to courts martial proceedings; such proceedings shall be conducted, within the jurisdiction of the People's Courts, by a Special Court of the military tribunals (2) The composition of the Special Court set up under sub-section (1) hereof shall be governed by the provisions of ss. 1-2 (of the present Decree-Law). Instead of People's judges, the proceedings shall be attended by Military Assessors chosen by the Presidential Council of the People's Republic. DEFINITION OF INDISPENSABLE PUBLIC UNDERTAKINGS 25. (1) For the purpose of C.R.Cr.L., s. 73, all State (owned) agricultural, industrial (mining, transport, etc.) or commercial undertakings regularly employing over 100 workers shall be deemed to be indispensable public undertakings. (2) The provision of sub-section (1) hereof shall not be applicable to crimes committed prior to the 15th day of January 1957. AUTHORITY FOR THE SETTING-UP AND DISSOLUTION OF PEOPLE'S COURTS 26. The Minister of Justice shall see to the setting-up and dissolution of County People's Courts. CHAPTER II PROVISIONS RELATING TO CERTAIN QUESTIONS OF THE JUDICIARY'S ORGANIZATION 27. The following provision shall be added to s. 18(1) of Act No. II of 1954 concerning the organization of the Judiciary in the Hungarian People's Republic: "The Minister of Justice may within the same area amalgamate District Courts and City Courts and in Budapest may amalgamate several District Courts." 28. Sub-section (2) of s. 50 of Act No. II of 1954 shall be substituted by the following provision: "(2) The Presidential Court of the Supreme Court shall proceed in the name of the full court of the Supreme Court in the matters set out in paragraphs (b), (d) and (c) of sub-section (1). The Chairman of the Presidential Court shall be the President of the Supreme Court, or a member of the Presidential Court so appointed by the President of the Supreme Court. The members of the Presidential Court shall be appointed by the President of the Supreme Court from among Vice-Presidents and Judges of the Supreme Court." CHAPTER III COURTS COMPETENT TO CONDUCT PROCEEDINGS IN RESPECT OF CRIMES HARMING TRAFFIC, TRANSPORT AND TELECOMMUNICATIONS 29. (1) Proceedings in respect of crimes committed against the proper functioning or safety of traffic and transport by rail, road, air and water, and of telecommunications, which do not fall into the County Courts' jurisdiction shall at first instance be conducted by Courts appointed by the Minister of Justice from among the District Courts within the county (City and City District Courts). (2) Proceedings in respect of crimes referred to in sub-section (1) hereof shall be conducted by the courts which, under the general rules (Code of Criminal Procedure, ss. 2430), are competent, if the Prosecutor submits the case to them for adjudication. 30. Crimes committed against the proper functioning or safety of traffic and transport by rail, road, air and water, and of telecommunications shall mean the following offences: misuse of explosives (C.R.Cr.L., s. 33), those offences endangering the interests of defence which are listed in C.R.Cr.L., s. 73, arson (C.B.Cr.L., s. 162), causing of flood (C.R.Cr.L., ss. 168–171), endangering of transport and damage causing public danger (C.R.Cr.L., ss. 172-183), endangering of life or body (C.R.Cr.L., ss. 374–376), abandonment of victims of accidents (C.R.Cr.L., s. 377), robbery (C.R.Cr.L., ss. 433-436 and 437 (1)), offences specified in ss. 95-96 and 93-100 of Act No. XIX of 1934 on the Service Discipline of Seagoing Merchant Ships, offences specified in ss. 3, 5, 8, and 9 of Decree-Law No. 24 of 1950 as amended by Decree-Law No. 11 of 1956 on the Protection by Criminal Law of State-owned Property; and finally offences specified in Decree No. 55 of 1953 (4 December) M.T. dealing with Increased Protection of Traffic; provided these offences harm or endanger the proper functioning or safety of traffic or transport by rail, road, air or water, or of telecommunications. CHAPTER IV PROVISIONS APPLICABLE TO THE DEFENCE IN CERTAIN CRIMINAL PROCEEDINGS 31. (1) In the course of civil and military criminal proceedings-if the security of the State should specially warrant this-no advocate may act as authorized or appointed defence counsel whose name does not appear on a list compiled by the Minister of Justice for that purpose. (2) The Minister of Justice shall-in consultation with the Minister of the Interior and the Chief Prosecutor-by Decree lay down those offences in respect of which criminal proceedings are to be governed by sub-section (1) hereof. 32. In military criminal proceedings, even in matters not falling under s. 31, no advocate shall act as defence counsel whose name the Minister of Justice has not included in either the list of military defence counsel or the list compiled under s. 31 (1) hereof. CHAPTER V PROVISIONS CONCERNING OPERATIVENESS 33. Subject to ss. 23 (6) and 25 (2) hereof, the provisions of the present Decree-Law shall be applied also to proceedings commenced in respect of crimes committed prior to the coming into force of the present Decree-Law. 34. Those provisions of the present Decree-Law which regulate re-trials and objections on the ground of legality shall be applied also to completed matters which resulted in final decisions. 35. Criminal matters now pending shall be completed in accordance with the provisions of Decree-Law No. 4 of 1957 on Expedited Procedure and DecreeLaw No. 25 of 1957 on the Setting-up of, and Procedure before, the People's Court of the Supreme Court, provided a hearing of the matter has already taken place in court. 36. The present Decree-Law shall not affect the validity of Decree-Law No. 28 of 1956 on Summary Jurisdiction. However, if summary proceedings under ss. 8-9 of the present Decree-Law have already been commenced against the accused, no expedited proceedings shall be taken in respect of the same crime. On the other hand, where a court of summary jurisdiction remits the case to the ordinary court, the Prosecutor may-pursuant to a direction by the Chief Prosecutor-propose that the proceedings be completed by the People's Court. 37. Cases pending and involving any of the offences specified in s. 30 hereof, shall be dealt with pursuant to the provisions of s. 29 hereof, if the court has not set down the case for trial (Code of Criminal Procedure, s. 140 (3) (a)) and the Prosecutor proposes the case to be transferred to the District Court (City, City District Court) competent under s. 29 hereof. 38. (1) Save for the provisions of Chapters I. and IV., the present DecreeLaw shall come into force on the day of publication.' The date when the provisions of Chapters I. and IV. will come into force shall be stated, by Decree, by the Hungarian Revolutionary Worker-Peasant Government. (2) On the coming into force of the provisions of Chapter I. and IV. hereof, the following enactments shall cease to have effect: Decree-Law No. 20 of 1950 on the Amendment of Certain Provisions concerning Army Defence Counsel; subject to the limitations of s. 35 hereof. Decree Law No. 4 of 1957 on Expedited Procedure and Decree-Law No. 25 of 1957 on the Setting-up of, and the Procedure before, the People's Court of the Supreme Court; and Decree No. 2 of 1957 (15th January) Korm. (Sgd.) ISTVAN DOBI, President of the Presidential Council of the People's Republic. (Sgd.) ISTVAN KRISTOF, Secretary of the Presidential Council of the People's Republic. |