Re Reiner

• Jurisdiction: Hungria
• Date: 01 January 1930
• Court: Supreme Court (Hungary)
• Docket Number: 169

Hungary, Supreme Court.

Case No. 169

In re Reiner.

Extradition — Conditions of — Prosecution for Crimes Other than those for which Extradition has been Requested.

The Facts.—The Royal District Court of Veszprém (Hungary) issued a warrant against the accused on a charge of embezzlement. The accused then fled to Antwerp (Belgium). The Hungarian Minister of Justice asked for his extradition, and he was arrested in Belgium. In the meantime the criminal proceedings against the accused were extended to cover fraudulent bankruptcy. Before the amended request reached the Belgian authorities the accused was surrendered to Hungary. The High Court of Veszprém sentenced the accused to eight months' imprisonment for embezzlement and fraudulent bankruptcy. He appealed on the ground that extradition was granted by the Belgian authorities only on account of embezzlement.

Held: that the judgment could not stand. The Court said: “In our Extradition Treaty with Belgium fraudulent bankruptcy is not enumerated under extraditable crimes. It seems clear therefore that the accused cannot be sentenced for such a crime in Hungary unless, after the conclusion of the criminal proceedings instituted as a consequence of extradition or after he has served...