Re Károlyi

• Jurisdiction: Hungria
• Date: 16 December 1924
• Docket Number: 234
• Court: Supreme Court (Hungary)

Hungary, Supreme Court.

Case No. 234

Károlyi Case.

Amnesty — Article 76 of the Treaty of Trianon — Limits of.

The Facts.—This was an action, instituted by the Royal Hungarian Treasury, claiming the confiscation of the property of Count Michael Károlyi. The claim was brought by virtue of the provisions of Law No. XVIII of 1915 and Law No. XLIII of 1921 relating to acts done during the war and prior to the conclusion of the Peace Treaty, and which were calculated to promote the victory of the enemy or the exploiting of the fruits thereof. These acts were described as acts of high treason and disloyalty to the State. The defendant objected to the action on the ground that it was contrary to Article 76 of the Treaty of Trianon according to which “no inhabitant of the territories of the former Austro-Hungarian Monarchy shall be disturbed or molested on account either of his political attitude between the 28th July, 1914, and the definitive settlement of the sovereignty over these territories, or of the determination of his nationality effected by the present Treaty.” The Civil Court of Budapest dismissed the plea on the ground that the acts of the defendant went beyond a mere “political attitude”; the Treasury in bringing the action asked for its legally recognised rights; this being so, the bringing of the action and the decision on it could...