NCJ Number
141021
Journal
Acta Juridica Volume: 29 Issue: 1-2 Dated: (1987) Pages: 115-131
Date Published
1987
Length
17 pages
Annotation
The article surveys resources in Hungarian law through which faulty court decisions in civil cases can be corrected.
Abstract
The Hungarian legal system knows three ways of correcting faulty civil court decisions: appealing the case to a higher court, reopening a case, and legality supervision procedures. As in many other Socialist countries, the accused, the prosecutor, or anyone else affected by a court decision can appeal a verdict within 15 days. The reopening of the case is an exceptional recourse that can be used only if the trial neglected to consider important evidence, if the presiding judge or the opposing party has violated a law, or if a previous court decision on a similar legal situation was ignored. Legality supervision procedures may be initiated by the chief state prosecutor or the president of the supreme court if a verdict violates an existing law or is unjustified. The article concludes that these legal provisions adequately protect civil legality and justice if they are used properly.