Act XIX of 1998 - EJTN

Act XIX of 1998
on Criminal Proceedings[1]


PART ONE


Chapter I. BASIC PROVISIONS


Division of the tasks related to the proceedings

Section 1 In criminal proceedings prosecution, defence and sentencing
shall be separate functions.

The basis of the court procedure

Section 2[2] (1) In the course of sentencing, the court proceeds based
upon an accusation.
(2) The charge is legitimate if the person entitled to file the charges
initiates judicial proceeding on account of a precisely circumscribed act
which is defined by the Criminal Code and committed by an individual who is
defined in the motion addressed to the court.
(3) The court may only ascertain the criminal liability of the person
against whom the accusatory instrument was filed, and in the course thereof
may only contemplate acts contained in such instrument.
(4) The court must exhaust the charges, may not go beyond the charges, but
the court is not obligated to the motion of the prosecutor regarding the
legal classification of an act added to the charges according to the
Criminal Code, as well as meting out punishments or applying measures.



Right to court procedure and the right to remedy[3]

Section 3 (1) Everyone has the right to have the charge filed against him
adjudicated by a court.
(2)[4] It is the exclusive right of the court to ascertain the liability
of a person in committing a criminal offence and to impose punishment
therefore.
(3)[5] Judicial remedy is available - as it is prescribed by this Act -
against the decisions of the court, the prosecutor and the investigating
authority, as well as against the measures taken by the prosecutor and the
investigating authority, moreover, on account of omission of measure should
have been taken by the court, the prosecutor and the investigating
authority.
(4)[6] Ordinary remedy is not available against the decisions of the
Supreme Court[7].

Burden of proof

Section 4[8] (1) The charge shall be proven by the accuser.
(2) Facts not proven beyond a reasonable doubt may not be contemplated to
the detriment of the defendant.

Right to defence

Section 5 (1) The defendant shall have the right to defence.
(2) Everyone has the right to defend himself at liberty. This right may
only be restricted as well as a person may be deprived of his freedom only
for the reason and only in virtue of the procedure allotted in this Act.
(3)[9] The defendant may undertake his own defence, and may be defended
by a counsel at any phase of the proceedings. The court, the prosecutor
and the investigating authority shall ensure that the person against whom
criminal proceedings are conducted can defend himself as prescribed in this
Act.
(4) In the cases specified in this Act, it is compulsory to retain a
defence counsel.

Ex officio procedure, initiating criminal proceedings and exemptions
objections of the criminal proceedings[10]

Section 6 (1) It is the obligation of the court, the prosecutor and the
investigating authority to initiate as well as conduct the criminal
proceedings if the conditions set forth in this Act are met.
(2) Criminal proceedings may only be initiated upon the suspicion of a
criminal offence and only against the person reasonably suspected of having
committed a criminal offence.
(3)[11] No criminal proceedings may be initiated, and criminal proceedings
in progress shall be terminated or a verdict of acquittal be rendered if
a) the action does not constitute a criminal offence, or was not committed
by the defendant (the denounced person),
b) it cannot be ascertained either that the criminal offence has been
committed or that it has been committed by the defendant (the denounced
person),
c) with the exceptions set forth in this Act, grounds for the preclusion
or termination of punishability exist,
d)[12] a final court verdict has already been delivered on the action of
the defendant; however, this provision does not apply to the procedures
defined in Part Four and Titles II and III of Chapter XXIX.[13]
(4)[14] With the exception of the procedures specified in Part Four
(extraordinary legal remedy), subsection (3) d) shall apply even if the
action of the offender constitutes several criminal offences, but the court
- in accordance with the classification in the indictment - does not
ascertain the guilt of the defendant in all offences that could be
established based on the facts of the indictment.
(5)[15] Prior to the retrial procedure defined in the Act of
Misdemeanour[16] no criminal proceedings may be instituted against the
person who has been declared liable in a court decision delivered in a
procedure for misdemeanour, if the facts of the case have not changed.

Presumption of innocence

Section 7 No person shall be considered guilty until, according to the
law, finally convicted by the court.

Prohibition of self-incrimination

Section 8 No one may be compelled to give testimony against himself or
herself or to furnish evidence against himself or herself.

Use of the native language

Section 9 (1) Criminal proceedings shall be conducted in the Hungarian
language. No disadvantage may be suffered by anyone who lacks the command
of the Hungarian language.
(2)[17] In criminal proceedings all those involved may use, both verbally
and in writing, their native language, or, pursuant to an international
agreement promulgated by law may use their regional or minority language
concerning issues definied by the international agreement, or - lacking in
command the Hungarian language - another language defined by the party
concerned as a language spoken.
(3)[18] Translation of the decisions and other official documents to be
served pursuant to this Act shall be the responsibility of the court,
prosecutor or investigating authority which has adopted the decision or
issued the official document.
(4)[19] If an Act does not order it differently, the documents to be
delivered ought not to be translated, if the person concerned renounces
this expressly.

Independent judgement of criminal liability

Section 10 When establishing whether the defendant has committed a
criminal offence and what type of criminal offence, the court, the
prosecutor and the investigating authority shall be bound neither by
decisions adopted in other procedures, thus especially in civil
proceedings, procedure for misdemeanours or disciplinary actions, nor by
the facts set forth therein.

Scope of the Act

Section 11 (1) Criminal proceedings shall be conducted in compliance with
the law in force at the time of judging the action.
(2) In cases falling under Hungarian criminal jurisdiction [Sections 3 and
4 of Act IV of 1978 on the Criminal Code (hereinafter: Criminal Code)] the
proceedings shall be conducted in accordance with this Act.

Chapter II THE COURT


Function of the court

Section 12 (1) The court shall be responsible for the administration of
justice.
(2) Unless provided otherwise by this Act, courts shall be responsible for
making a decision on controlling or depriving somebody of his or her
liberty.
(3) The court shall carry out other duties as well as set forth in this
Act.
(4) Unless provided otherwise in this Act, prior to the indictment the
tasks of the court shall be performed by the investigating magistrate.

Trial courts

Section 13 (1)[20] The court of first instance shall be the Local Court
and the Court of Justice.
(2) The court of second instance shall be
a)[21] the Court of Justice in the cases falling within the competence of
the Local Court,
b)[22] the High Court of Appeals in the cases falling within the
competence of the Court of Justice,
c)[23] the Supreme Court in the cases falling within the competence of the
High Court of Appeals, if an appeal is possible against the decision of the
High Court of Appeals pursuant to this Act.
(3)[24] The court of third instance shall be
a)[25] the High Court of Appeals in the cases where the Court of Justice
proceeded as the court of second instance,
b)[26] the Supreme Court in the cases where the High Court of Appeals
proceeded as the court of second instance.
(4)[27] In the cases specified in this Act the secretary of the court
vested with independent signatory rights may also act in lieu of the single
judge or the presiding judge in cases falling within the competence of the
court of first instance. In such cases the actions of the secretary of the
court shall be governed by the provisions set forth in this Act for court
procedures.
(5)[28] In the cases specified in separate legal regulation, the court
executive vested with independent signatory rights may also act - under the
direction and supervision of the judge - out of trial. In such cases the
actions of the court executive shall be governed by the provisions set
forth in this Act for court procedures.

Composition of the court

Section 14 (1) The Local Court shall act
a)[29] in a council consists of one professional judge and two associate
judges, if the criminal offence is punishable by the law by 8 years or more
imprisonment,
b) without the involvement of associate judges (as single judge) in the
cases not falling under item a).
(2)[30] Unless provided otherwise by this Act, the Court of Justice acting
as a court of first instance may conduct its procedure in a panel
consisting of one professional judge and two associate judges.
(3)[31] In the case specified in subsection (1) b), the Local Court may
act in a panel consisting of one professional judge and two associate
judges,