on the total sentencing procedure
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:
The court must issue a single decision on a legally effective motion for the total sentencing procedure with respect to all custodial sentences contained therein, as follows
(a) if the necessary legal conditions are fulfilled, all custodial sentences specified in the motion must be included in the total sentencing procedure in full, or
(b) if the legal conditions are not fulfilled, the motion must be rejected in respect of all custodial sentences.
Contrary to the motion, the court may not include in the total sentence the custodial sentences therein.
If, because of the absence of legal conditions, it is not possible to include the custodial sentences in the total sentence as set out in the motion, the court may not call on the petitioner – or the convicted person – to consent to the total sentencing of the custodial sentences other than that provided for in the motion on the basis of the information provided to him/her.
If, in the court’s opinion, the conditions for inclusion in the total sentence are met for certain custodial sentences, the court may, following the rejection of an unfounded motion for total sentencing conduct the total sentencing procedure ex officio, provided that the convicted person consents to this.