on the possibility of changing, in third instance proceedings, the sentence imposed for an offence not covered by a contradicting decision in the case of the imposition of multiple punishments for the commission of substantive cumulative 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 615 (3) (b) and Section 583 (3) (a) of Act XC of 2017 on the Code of Criminal Procedure, in the case of a second appeal that challenges a provision on the imposition of a punishment or the application of a measure, the review by the third-instance court shall extend to the examination of the punishment imposed for an offence not covered by the second instance court’s contradicting decision, if the second-instance court handed down the cumulative punishment for the commission of cumulative offences by imposing several punishments or measures side by side.