on deliberating on a petition filed in the interests of legality against the second-instance decision of a penitentiary judge and a high court pursuant to Section 51 (5) of Act CCXL of 2013 on the Enforcement of Sentences, Measures, Certain Coercive Measures, and Detention for Minor Offences
In uniformity proceedings conducted on the basis of a motion for preliminary ruling submitted by the Prosecutor General of Hungary, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
Pursuant to Section 51 (5) of Act CCXL of 2013 on the Enforcement of Sentences, Measures, Certain Coercive Measures and Detention for Minor Offences, when deliberating on a petition filed in the interests of legality against the second-instance decision of a penitentiary judge and a high court, it shall not be possible to deliver a decision as a consequence of which the defendant will or may end up in a more disadvantageous position.