on reopening in the case of partial acts that form part of a single offence
In uniformity proceedings conducted on the basis of a motion for preliminary ruling that was submitted by the Prosecutor General of Hungary, the Curia’s Uniformity Complain Panel has delivered the following uniformity decision on reopening in the case of partial acts that form part of a single offence:
If those partial acts which form part of a single offence were determined in several final judgements, a reopening might be granted, at the expense of the accused, against the judgement that first became final in accordance with Section 637 (1) (a) (ab) of Act XC of 2017 on the Code of Criminal Procedure, and a reopening might be granted, in favour of the accused, against the subsequent judgement or subsequent judgements pursuant to Section 637 (1) (b) of the same Act.
A motion for reopening should be filed against each final judgement separately and each final judgement should be delivered separately.
A reopening based on Section 637 (1) (b) of Act XC of 2017 on the Code of Criminal Procedure may, if it is well-founded, lead only to the quashing of the final judgement and the termination of proceedings, which shall not prevent the enforcement of the criminal claim for the acts affected by the reopening that is ordered under Section 637(1) (a) (ab) of Act XC of 2017. In this case, the prosecutor does not initiate the court proceedings by filing an indictment, but by filing a motion for a reopening.
Any interpretation that goes against the Curia's decision No. Bfv.296/2022/19 may no longer be invoked as binding.