CCPE country profile Hungary
CCPE member: Mr Peter POLT
Prosecutor General of Hungary, Office of the Prosecutor General
Replies to CCPE questionnaires
You will find the original questionnaires which have been sent to the members on the page "Preliminary works" devoted to each of the opinions.
- Reply from Hungary to the questionnaire on "The quality and efficiency of the work of prosecutors, including as regards the fight against organised crime and terrorism" (Opinion No. 11/2016)
- Reply from Hungary to the questionnaire on the "Action of prosecutors within the framework of criminal investigation" (Opinion No. 10/2015)
- Reply from Hungary to the questionnaire on relations between the prosecutors and the media (Opinion No. 8 / 2013)
- Reply from Hungary to the questionnaire on "Management of the means of the prosecution services" (Opinion No. 7 / 2012)
- Reply from Hungary to the questionnaire on the Principles of public action in the field of justice for juvenils (Opinion No. 5 / 2010)
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.
Translations of relevant documents (if available)