Re Károly R

• Jurisdiction: Hungria
• Docket Number: 236
• Date: 26 January 1928
• Court: Criminal Court (Hungary)

Royal Hungarian Criminal Court at Budapest and Hungarian Ministry of Justice.

Case No. 236

In re Károly R.

Extradition — Procedure of Extradition — Surrender without Formal Extradition — The So-Called Principle of Speciality — Extension of the Extradition to Crimes other than those for which Extradition had been granted.

The Facts.—The Criminal Court at Budapest issued a warrant of arrest of the accused on the ground of embezzlement. The accused left for Egypt, and the Ministry of Justice lodged a request for extradition with the Egyptian Government. Before the formal extradition proceedings had begun, the Egyptian police, acting at the request of the Hungarian consul, brought the accused from Alexandria to Trieste. Italy permitted the transport of the accused on the ground of an Extradition Convention concluded in 1869. Subsequently the Public Prosecutor asked that the application for extradition be extended so as to cover the crime of fraud. There was no extradition treaty between Hungary and Egypt.

The Criminal Court at Budapest thereupon asked the Hungarian Minister of Justice to issue a new request for extradition from Egypt and Italy.

Held by the Hungarian Minister of Justice: that the request cannot be granted.

(1) “There is no rule of public international law according to which courts of a State have no right to conduct criminal...