Prisoners of War (Hungary) Case

• Jurisdiction: Hungria
• Date: 24 October 1923
• Docket Number: 233
• Court: Supreme Court (Hungary)

Hungary, Supreme Court.

Case No. 233

Prisoners of War (Hungary) Case.

Prisoners of War — Conduct of — How far Responsible to the Home State — Treaty of Brest Litowsk — Termination of War between Hungary and Soviet Russia.

The Facts.—This was a prosecution for high treason. The accused, a Hungarian subject, while a prisoner of war in Russia, delivered before Hungarian prisoners of war communist propaganda lectures, the object of which was to shake the loyalty of persons belonging to the Hungarian armed forces to the advantage of the enemy.

Held: That the conviction must stand. “The Peace Treaty of Brest Litowsk has never become part of Hungarian law. Accordingly, it is to be regarded as non-existent. It follows that there still exists a state of war between Hungary and Soviet Russia.”…“Persons who have been conscripted and included in the army must be regarded as belonging to the armed forces so long as they have not been duly discharged or sent on...