101:. His speed was established as at least 70 km/h (43 mph) in a 50 km/h (31 mph) zone. According to Tobin, he was in the process of changing lanes when his car became unresponsive, failed to straighten out into the rightmost lane and mounted the pavement. On mounting the pavement the car caused the immediate deaths of two children, 2-year-old Petra Zoltai who was sitting in a pram, and her brother 5-year-old Márton Zoltai.
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passport which they retained. In the autumn of 2000 he requested the return of his passport so that he could visit
Ireland for a wedding and to see his family. This request was granted but he was not asked to return his passport on his return on 9 October 2000. On 30 October 2000 Tobin returned to Ireland permanently, his period of secondment to Irish Life Hungary having come to an end.
197:, on 17 January Tobin flew back to Ireland to serve the remainder of his time there. On 5 February 2014 Mr Tobin sent a letter to the family of the deceased children in which he expressed his regret and apologized. According to the lawyer of the family, the father sees it as a kind of closing of the case.
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In 2009, Ireland amended its domestic EAW legislation to bring it into line with the EAW framework decision by removing the requirement that, in conviction cases, a person the subject of an EAW had "fled" the issuing country. An amendment which came into force on 29 August 2009. On 17 September 2010,
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In the immediate aftermath of the accident, Tobin was placed under formal investigation by the
Hungarian police and was taken to a police station to be interviewed. Tobin was not acquainted with any Hungarian lawyers but knew a young Hungarian woman Kata Soós whose father Tibor Soós was a lawyer. In
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However, Tobin was again successful in gaining the leave of the High Court to appeal its decision. Notwithstanding this Ciaran Tobin voluntarily entered custody in
Ireland on 9 November 2011 on the basis that any time spent in prison in Ireland will be deducted from any time in prison that he might
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Tobin was subsequently charged with negligent driving causing serious bodily harm and in accordance with
Hungarian law chose not to attend court but was represented throughout the criminal proceedings by his lawyers. When Tobin was first interviewed by the police they had asked him to present his
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Hungary, on the other hand, strongly disagreed with this interpretation of the EAW law and the word "flee". Hungary argued that anyone not returning to serve his or her sentence is fleeing from justice. Hungary kept the warrant in effect as the Irish decision has no bearing for other EU members.
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Tobin's trial took place in
Hungary on 7 May 2002 in Tobin's absence albeit in the presence of lawyers acting on Tobin's behalf. Statements made by Tobin after his arrest were ruled to be inadmissible on the basis that they had been translated by his lawyer's daughter. His trial took place under
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of the Irish High Court refused the surrender on the basis that Tobin had not "fled" Hungary as required by the Irish legislation which implemented the framework decision, since he left
Hungary with the consent of the Hungarian authorities. This decision was later upheld by the
122:(1) A person who causes grievous bodily harm to another person or persons by violating the rules of public road traffic, by negligence, commits a misdemeanour, and shall be punishable with imprisonment of up to one year, labour in the public interest, or fine.
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Hungary issued a new
European Arrest Warrant seeking Tobin's arrest and surrender. Tobin was arrested on 10 November 2009 and his surrender was ordered on 11 February 2011 by Justice Peart, the same High Court judge who had previously refused the surrender.
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issued by the
Hungarian authorities after he was found guilty of causing serious bodily harm by negligent driving when his car went out of control killing two Hungarian children in the village of
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165:. The Irish authorities also refused the Hungarian request to make Tobin serve his time in an Irish prison, an option within the EAW framework decision but never implemented in Ireland
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On 14 January 2014 Tobin voluntarily returned to
Hungary to begin his prison sentence in a Hungarian jail. As a part of an agreement with the Hungarian Minister of Justice,
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the interviews which followed Ms. Soós was asked by the police to act as an interpreter in the absence of anyone else present who could speak both
English and Hungarian.
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He was convicted and sentenced to three years in prison. On appeal his sentence was amended to allow for the possibility of parole after 18 months.
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Tobin won the appeal against surrender on 19 June 2012 when the Supreme Court over-ruled the High Court on a three to two majority.
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framework decision into their national law. Hungary requested the surrender of Tobin by issuing a European Arrest Warrant. However,
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c) imprisonment from two years to eight years, if the crime causes the death of more than two persons or a fatal mass catastrophe.
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in 2004, Hungary issued a European Arrest Warrant for Tobin's forcible surrender to Hungary to serve his prison sentence. The
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a) imprisonment of up to three years, if the crime causes enduring handicap, serious health injury or mass catastrophe,
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Hungary also explored other legal options, including turning to various EU fora, to enforce its court's decision.
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257:, unnumbered paragraph beginning, "The circumstances of the accident giving rise to these proceedings, ...".
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596:[After 14 years: The Irish who run over a child sets himself up for something particular].
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in April 2000. He was tried in his absence after he failed to return from Ireland for his trial.
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564:"Ciaran Tobin begins Hungarian prison sentence after killing two children in crash"
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Hungarian Minister of Justice Tibor Draskovics letter to the European Commission
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Ciarán Tobin is an Irish citizen. In 2000 he was working as a senior manager of
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Meanwhile, Hungary joined the European Union on 1 May 2004, and transposed the
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Hungary, having been seconded there. On 9 April 2000, he was driving towards
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474:"Man wins appeal against extradition to Hungary over deaths of children"
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534:"Tobin asks for more time to decide about serving sentence in Hungary"
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b) imprisonment between one to five years, if the crime causes death,
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expressed regret but confirmed that the case is officially closed.
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section 187 of the Hungarian criminal code which provides that:
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In January 2014 Tobin started to serve his time in prison.
594:"14 év után: Különös dologra szánta rá magát az ír gázoló"
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has refused to extradite Tobin on two separate occasions.
504:"Justice minister sees opportunity to resolve Tobin case"
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Requests to extradite criminal from Ireland to Hungary
269:"Courts refuse to extradite man in child death crash"
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Minister for Justice, Equality and Law Reform v Tobin
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Criminal Justice (Miscellaneous Provisions) Act 2009
215:"Az ír kormányfő nem talál megoldást a Tobin-ügyre"
74:Twelve years after the case, Irish Prime Minister
600:(in Hungarian). 5 February 2014. Archived from
300:"Visszatért, mégis futni hagyták az ír gázolót"
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40:of Irish businessman Francis Ciarán Tobin from
330:"European Arrest Warrant Act 2003, Section 2"
8:
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444:"Man wanted in Hungary enters custody"
574:from the original on 11 November 2020
454:from the original on 12 November 2011
7:
340:from the original on 21 October 2020
334:electronic Irish Statute Book (eISB)
310:from the original on 7 February 2012
510:. 24 September 2013. Archived from
279:from the original on 6 October 2012
267:McDonald, Dearbhail (9 July 2007).
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540:. 8 November 2013. Archived from
484:from the original on 20 June 2012
298:Gergely, Zsófia (14 April 2008).
225:from the original on 4 March 2016
645:European Union criminal case law
392:from the original on 17 May 2011
366:from the original on 17 May 2011
105:Trial and departure from Hungary
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182:ultimately spend in Hungary.
34:Ciarán Tobin extradition case
18:Ciaran Tobin extradition case
640:Republic of Ireland case law
125:(2) The punishment shall be
48:. Tobin is the subject of a
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36:concerns requests for the
386:"Supreme Court Judgement"
253:21 February 2014 at the
248:Judgement of Hardiman J.
91:Irish Life and Permanent
154:European Arrest Warrant
97:through the village of
50:European Arrest Warrant
426:20 August 2012 at the
360:"High Court Judgement"
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158:Justice Michael Peart
630:Extradition case law
221:. 10 November 2012.
450:. 9 November 2011.
163:Irish Supreme Court
69:Irish Supreme Court
635:Hungarian case law
604:on 8 February 2014
544:on 16 January 2014
514:on 16 January 2014
63:After joining the
273:Irish Independent
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598:Hetu Valasz
538:Politics.hu
508:Politics.hu
458:15 February
314:15 February
283:15 February
229:10 November
38:extradition
624:Categories
608:5 February
548:16 January
518:16 January
201:References
76:Enda Kenny
421:section 6
246:IESC 37,
189:In prison
99:Leányfalu
54:Leányfalu
578:28 March
572:Archived
482:Archived
452:Archived
424:Archived
396:28 April
390:Archived
370:28 April
364:Archived
344:28 March
338:Archived
308:Archived
304:Origo.hu
277:Archived
251:Archived
223:Archived
219:index.hu
95:Budapest
58:Budapest
488:23 June
430:of the
173:Tobin 2
148:Tobin 1
46:Hungary
42:Ireland
85:Facts
56:near
610:2014
580:2022
550:2014
520:2014
490:2012
460:2012
398:2008
372:2008
346:2022
316:2012
285:2012
231:2012
32:The
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