Consultative Council of European Prosecutors (CCPE)

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  Country profile: HUNGARY

 

CCPE member


 

National documents


Mr Peter POLT
Prosecutor General of Hungary
Office of the Prosecutor General
BUDAPEST
 
 

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Recent developments


In 2009 the Hungarian Parliament adopted several amendments that affected the prosecution service’s activity.

The newly introduced provision extends the prosecutor’s competence to decide on complains that were lodged against the investigating authority’s measure and its failure to do it.

A new guarantee was introduced: the investigating authority shall give information to the prosecutor in written form, and it receives instructions from the prosecutor in the same way. Exceptionally, these could happen in oral form, but that must be subsequently put in writing. By the modification, if the investigating authority does not agree with the instruction given by the prosecutor of the case, it will be entitled to submit a proposal to the superior prosecutor against the instruction that shall be examined by the superior prosecutor. The superior prosecutor has the right to decide.

In cases specified by law, the prosecutor exercises enhanced supervision over the investigation carried out independently by the investigating authority. In such case, the prosecutor monthly looks through the case files and takes the steps deem necessary.

The need for speed up and making the criminal proceedings more effective reasoned the amendment concerning the institution of waiver of the trial. With this institution, the main elements of the classical plea bargain were introduced to the Hungarian law. By application of the institution, a written agreement is concluded by the prosecutor and the defendant. It is consists of the facts of the case, its legal qualification and both the defendant’s and the prosecutor’s statement on the punishment and sanction that will be acknowledged by them. The agreement shall cover the extent and (minimum and maximum) duration of the punishment and sanction to be applied.

Last but not least, as a consequence of the decision of Constitutional Court, the prosecutor has to take part on every criminal trial, including the minor cases. Up till now it was not compulsory. This new rule will enter force in 2011.

     

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