Extradition appeal dismissed for Hungarian fugitive

Introduction

The High Court of Justice, King's Bench Division, Administrative Court, presided over by Mr Justice Constable, ruled on an appeal concerning the extradition of Jozsef Csorba to Hungary. The appeal was against the decision of District Judge Bristow, who had ordered Csorba's extradition on the basis of a European Arrest Warrant (EAW) issued for fraud-related offences.

Background

The EAW was issued following Csorba's conviction in absentia by the Central District Court of Pest for offences including fraud, public deed forgery, and using false private deeds. Csorba was sentenced to two years in a high-security penal institution. The Budapest Regional Court upheld this decision on appeal.

Legal Proceedings

The appeal in the High Court focused on whether Csorba had deliberately absented himself from his trial and subsequent appeal in Hungary. The appeal was granted on the basis of section 20 of the Extradition Act 2003, which considers the circumstances of a person's absence from their trial.

Arguments

Csorba's counsel argued that he was not aware of the appeal proceedings and that the District Judge erred in finding that he was deliberately absent. They claimed that Csorba had not been properly notified of the appeal hearing and that the appeal was lodged without his instructions.

Judgment

Mr Justice Constable upheld the District Judge's decision, finding that Csorba had deliberately absented himself from the trial by fleeing to the UK and failing to inform the Hungarian authorities of his whereabouts. The court concluded that Csorba's actions demonstrated a clear intention to evade prosecution.

Retrial Rights

The court also considered whether Csorba would be entitled to a retrial upon extradition. It was determined that under Hungarian law, he would have the right to request a retrial within one month of being notified of the judgment, ensuring that his right to a fair trial would be preserved.

Conclusion

The appeal was dismissed, confirming that Csorba's extradition to Hungary was lawful and that he had no grounds to avoid extradition based on his absence from the trial and appeal proceedings.

Learn More

For more information on extradition law and proceedings, see BeCivil's guide to Extradition Law.