Hungary and Austria (Extradition) Case

• Jurisdiction: Hungria
• Date: 17 December 1929
• Docket Number: 170
• Court: Supreme Court (Hungary)

Hungary, Supreme Court.

Case No. 170

Hungary and Austria (Extradition) Case.

Extradition — Prosecution for Offences Other than Those for which Extradition was Granted.

The Facts.—The accused had been extradited by the Austrian Government for fraud and forgery. The Hungarian authorities now prosecuted the accused also for slander committed prior to the extradition. There was no extradition treaty between Austria and Hungary.

Held: that the courts were entitled to proceed only in regard to the offences for which extradition had been granted. “The offence of slander, committed prior to extradition, could be treated on its merits only if the courts were to invite the extraditing State to extend the scope of the extradition and only if such extension were granted. Failing this, the prosecution would be admissible only subject to conditions … such as...