Ship collision on the Danube: No bail can be allowed where the conditions of placement under criminal supervision are not met

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29 July 2019

Information on the judgment given by the Curia of Hungary in case no. Bt.III.750/2019/21: In the criminal proceedings instituted for the misdemeanour offence of endangering waterborne transport causing a fatal mass disaster, at its public session of 29 July 2019 the Curia of Hungary determined the Chief Public Prosecutor’s remedy motion filed for the protection of legality and found that the bail-related provisions of order no. 42.Bny.1646/2019/2 of the Buda Central Districts Court and order no. 26.Bnyf.8434/2019/15 of the Budapest High Court, as second instance court, were unlawful.

In the reasoning of the judgment the Curia of Hungary has stated: where the court deciding on the application of the placement under criminal supervision finds that the statutory conditions for this coercive measure are not met, compliance with the conditions cannot be reached by way of imposing a bail, that is, where placement under criminal supervision cannot be applied under the law, bail cannot be used to counterbalance that impossibility. The lower courts’ decisions are unlawful because the conditions of ordering placement under criminal supervision were not met even according to their own decisions.

The Curia’s present finding does not undermine finality, it only declares unlawfulness. The judgment is not subject to review or appeal.

Budapest, the 29th of July 2019

Press Secretariat of the Curia of Hungary