Communicated on 6 November 2019

FOURTH SECTION

Application no. 57714/17 Ábel János SOMOGYI against Hungary lodged on 18 July 2017

SUBJECT MATTER OF THE CASE

The application concerns criminal proceedings conducted against the applicant. On 23 June 2015 he was finally convicted by the Kúria in review proceedings. In pursuit of his successful constitutional complaint, on 28 November 2016 the Constitutional Court quashed the Kúria ’ s judgment, without ordering its repetition.

Subsequently, the Kúria nevertheless repeated the review procedure and, on 7 February 2017, reversed the previous judgments.

The applicant complains that this “reduplication” of the review was a procedure not provided by the law and as such infringes Article 6 of the Convention and Article 4 of Protocol No. 7.

QUESTION TO THE PARTIES

Did the fact that the Kúria apparently ex officio repeated the review procedure in the applicant ’ s case amount to a breach of fair trial (Article 6 § 1 of the Convention) and/or of the prohibition of being tried twice for the same offence (Article 4 of Protocol No. 7)?