The Regional Court of Appeal of Szeged as a second instance court published its final judgement in the so-called case of “Death-Truck of Parndorf”. The criminal council were in agreement with the the first instance court (Regional Court of Kecskemét) in the question of both the defendants' criminal liability and the legal qualification of the defendants' criminal offences.

According to the final judgement all of the 14 defendants had been committing continuous man-smuggling in criminal organization from June to August in 2015. The organization had the aim to earn millions of euros with the transport as many illegal cross-borders as possible from Serbia to Germany in short period of time. In order to accomplish this aim the leaders of the organization (1st, 2nd 12th defendants) had bought several trucks. The victims had been transported with these vehicles in cruel and inhuman circumstances from Hungary to Germany. One of the transports (so-called “Transport of Parndorf”) had caused the death of 71 victims. During the realization of this criminal offence the following defendants were involved: 1st, 2nd, 3rd defendants as an accessor, 4th defendant, who were the truck-driver as a main perpetrator committed the criminal offence (homicide).

According to the final judgement the defendants' punishments as follows:

1st defendant: real life imprisonment – because of felony of qualified homicide and felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 25 years of imprisonment)

2nd defendant: real life imprisonment – because of felony of qualified homicide, felony of qualified bodily harm and felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 25 years of imprisonment)

3rd defendant: life imprisonment with the possibility of the earliest release after 30 years of imprisonment – because of felony of qualified homicide and felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 25 years of imprisonment)

4th defendant: real life imprisonment – because of felony of qualified homicide and felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 25 years of imprisonment)

5th defendant: 6 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court mitigated the punishment from 8 years of imprisonment)

6th defendant: 5 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

7th defendant: 8 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 6 years of imprisonment)

8th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

9th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

10th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

11th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

12th defendant: 8 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court mitigated the punishment from 12 years of imprisonment)

13th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court did not change the punishment)

14th defendant: 4 years of imprisonment – because of felony of continuous and qualified man-smuggling (second instance court aggravated the punishment from 3 years of imprisonment)

This judgement of the Regional Court of Appeal of Szeged is final and binding. Further remedies shall not be submitted.

The antecedents of the case

Austrian police officers in the morning of the day of 27th August 2015 kept a check on a cooling truck, which was parked alone in a lay-by of the A4 motorway near Parndorf, Austria. 71 deadly bodies (including the bodies of 8 women and 4 children) were found in the boot of the truck. According to the opinion of the medical experts most of the victims had been died in the truck in the territory of Hungary in the morning of the day before, when the victims had been transported from Southern Hungary (nearby the area of Mórahalom) to Austria. Previously, the vehicle had been bought in Lajosmizse, Hungary.

When the man-smugglers realised the deadly consequences of their transport, escaped and left the truck on the motorway alone.

The first instance proceeding was held by the County Court of Kecskemét. The trial began on 21st June 2017, and the appealable judgement was published on 14th June 2018.

The 1st defendant, who is an Afghan citizen, and the 2nd-3rd-4th defendants, who are Bulgarians were found guilty because of the felony of homicide and continuous man-smuggling. Also, the 5th-14th defendants were found guilty because of the felony of continuous man-smuggling.

The first instance court found, that the criminal offences were committed in a criminal organization.

The 1st-2nd-3rd-4th defendants were sentenced to 25 years of imprisonment. The 5th-14th defendants were sentenced between 3 to 12 years of imprisonment.

The 7th and 12nd defendant are still a fugitive from justice, whereas the 14th defendant has been arrested in France during the second instance proceeding.

According to the judgement of the first instance court, the criminal organization was functioned between the period of February and August of 2015. From June the organised man-smuggling became widespread. The illegal cross-borders were crushed into small vehicles, and the perpetrators transported them in cruel and inhuman conditions.

The defendants and their defending counsels in their legal remedies have filed for acquittal and secondly for the mitigation of the punishment. The public prosecutor have appealed against all of the defendants to the aggravation of the imprisonment.