Retroactive Criminal Legislation Case

Decision 11/1992 (Ill.10) AB hat (1992)

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Retroactive Criminal Legislation Case

Hungary Constitutional Court
Decision 11/1992 (Ill.10) AB hat (1992)

KS

Facts

In 1956, Hungary experienced a failed uprising against Soviet rule. In the aftermath of the uprising, the Hungarian people were subjected to significant violence. Although the ensuing murder and torture of Hungarians were illegal under the law, criminal cases against the perpetrators were not prosecuted for political reasons. The individuals who committed such violent crimes were not punished; eventually, the statute of limitations expired. By 1990, Hungary had a new constitution that declared the country was a democratic state operating under the rule of law. Victims of the 1956 violence and their families began seeking justice from the new democratic government in Hungry, calling for the perpetrators to be prosecuted for their crimes. To the frustration of many, such prosecutions were foreclosed by the expired statutes of limitations for these crimes. In response, the Hungarian legislature passed an act retroactively removing the statute of limitations in cases in which the crimes were not prosecuted for political reasons. The president of Hungary (plaintiff) requested that the Hungary Constitutional Court review the act to determine the constitutionality of the retroactive removal of the statute of limitations.

Rule of Law

Issue

Holding and Reasoning (Szabό and Solyόm, J.J.)

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