Abstract
This chapter presents the history of the death penalty in Hungary between 1919 and 1945. It covers the beginning of the Horthy era, the application of martial law provisions, and the law during World War II from both substantive and procedural aspects.
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Notes
- 1.
Article 2 and Article 10 para. (2).
- 2.
Article 1 para. (1).
- 3.
In 1915, with Decree No. 2.060. of 1915 M.E. the government amended and supplemented Decree No. 12.002. of 1914 I.M.E. on accelerated procedure and martial law and with this a new, uniform code was introduced, which was officially named then as Decree No. 9.550. of 1915 I.M.E.
- 4.
Such as, for example, the prohibition of the formal investigative process, or the regulation of the defendant’s right to defense.
- 5.
Article 7 para. (2).
- 6.
Articles 17–18.
- 7.
Treachery, riot, murder, intentional homicide, crime against public health by causing death, robbery, arson, crime of the causation of water flooding, crimes of the causation of public hazard on iron tracks, telegraphs (telephone) or ships.
- 8.
Article 2.
- 9.
These were the following: treachery, riot, murder, intentional homicide, crime against public health by causing death, all of the acts that may be subject to martial law, named by Act XXXVIII of 1920, furthermore, crimes directed for the subversion or destruction of the legal order of the state and the society (Act III of 1921, Articles 1–2)
- 10.
Ministry of Justice Decree No. 29.307 of 1923 was promulgated and entered into force on August 2, 1923, while No. 30.004 of 1923 on August 6.
- 11.
The assassination happened exactly at 0:20 am.
- 12.
At that time, these were defined by Act XXXVIII of 1920 and Act XL of 1914.
- 13.
These were rugulated by Act V of 1878 in Articles 175–176.
- 14.
Articles 1–2.
- 15.
Before the extradition, Matuska served a six-year prison sentence imposed by Austrian criminal courts.
- 16.
Between 1923 and 1939 a total of twenty-five death sentences were carried out for common and political crimes and for delicts that fell under martial procedure (not including the military crimes).
- 17.
These repealed (from February 1, 1931) the previous, in many ways outdated, Military Penal Code that was forced by the Austrians on January 15, 1855.
- 18.
Article 77.
- 19.
Article 78, paras. 1–4.
- 20.
Article 87.
- 21.
Article 93.
- 22.
In this case only (in case of desertion or attempted desertion to the enemy)—as mentioned before—the method of execution of soldiers was hanging.
- 23.
Article 102, para. (1).
- 24.
Article 107.
- 25.
Article 133, para. (1).
- 26.
Article 42 para. (1) These included the offense of insubordination, mutiny and all those felonies against a military guard, that were punishable by death according to the Military Penal Code (as well as a few, similarly dangerous cases of the above); murder if committed in conducting or in order to conduct the past three military crimes, and the delict of cowardice.
- 27.
This group included only one felony: espionage which was punishable by death as a form of treachery (Military Penal Code, Articles 60–63).
- 28.
Military Penal Code, Articles 113–115.
- 29.
As of Article 1, para. (3) of Act XV of 1924.
- 30.
This “tranquility” obviously did not apply to the years 1931 and 1932; therefore, is considered to be only “relative.”
- 31.
Article 190.
- 32.
Article 191, para. (2).
- 33.
Article 191, para. (3).
- 34.
Article 204, para. (2).
- 35.
The somewhat archaic literal title of this crime was “damaging aeroplanes and objects associated therewith.”
- 36.
Article 209, para. (4).
- 37.
Article 219.
- 38.
The same (the implementation of martial law) was also made possible by another act from this period, Act XVI of 1931 on the development, direction and supply of electricity [cf. Article 61, para. (2)].
- 39.
Hungary officially entered into war only on June 26, 1941.
- 40.
The adoption of which happened on August 16, 1945, while it was promulgated and entered into force on September 6.
- 41.
The adoption and promulgation of the decree itself happened on March 29.
- 42.
Of course, the martial procedures not applicable to the mobilized army were exclusively based on Act XXXIII of 1912 and Act III of 1930, thus their scope was not affected by Government Decree No. 1.420 of 1944.
- 43.
With the entry into force of Decree No. 8.020 of 1939 M.E., the Decree No. 9.550 of 1915 was repealed.
- 44.
Promulgated and entered into force on May 9, 1939.
- 45.
Promulgated and entered into force on August 25, 1939.
- 46.
Decrees No 5.850 of 1940, No. 2770 of 1941 and No. 4.870 of 1941 M.E.
- 47.
Decrees No. 1.020 of 1943, No. 3.940 of 1943, No. 1.130 of 1944 and No. 1.250 of 1944 M.E Decree No. 1.130 of 1944. was adopted by the Sztójay government immediately after the German invasion on March 27, 1944; it was promulgated and entered into force the next day.
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Toth, Z.J. (2020). Statutory Regulation of Capital Punishment in Hungary during the Horthy Era and World War II. In: Changing Attitudes Towards the Death Penalty. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-47557-4_9
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DOI: https://doi.org/10.1007/978-3-030-47557-4_9
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