Re András

• Jurisdiction: Hungria
• Date: 14 September 1932
• Docket Number: 232
• Court: Supreme Court (Hungary)

Hungary, Supreme Court.

Case No. 232

In re András.

Occupation of Enemy Territory — Judicial Functions of the Occupant — Sentences by Courts Set Up by the Occupant — How Far Constituting res judicata.

The Facts.—The accused was indicted for murder alleged to have been committed near the village of Nagyösz (Hungary) on February 27, 1920, at a time when the Village was occupied by Roumanian troops. The accused was taken before a Roumanian Court set up by the Roumanian authorities in Temesvár (also occupied territory), where he was sentenced. Later he was released and settled down in territory which remained Hungarian. There he was again indicted and sentenced. He appealed on the ground that the matter was res judicata.

Held: that the appeal must be dismissed. “Both the place where the crime was committed and the city of Temesvár where the sentence was rendered belonged to Hungary until the coming into force of the Peace Treaty of Trianon. Up to the coming into force of this Treaty Hungarian Courts had exclusive jurisdiction to deal with ordinary crimes. … The Court of Temesvár which gave the sentence in this case received its commission not from the Hungarian...