One of the important principles of criminal procedure and criminal law is that no one can be considered guilty until proven guilty by a court of law.
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After the meeting, you will have a clearer picture of the options and the next steps.
The participation of a defender in criminal proceedings is mandatory in cases provided for by law. This includes, inter alia, if the offence is punishable by law with imprisonment of up to five years or more, if the defendant does not speak Hungarian, and if the defendant is under arrest in another case.
Yes, an authorised lawyer can act as an assistant to the witness on behalf of the witness.
The accused is the person against whom criminal proceedings are being conducted. The accused is called a suspect during the investigation, an accused after the indictment, and a convicted person during the enforcement phase.
Yes, the accused has the right to an effective defence at all stages of the criminal proceedings. The lawyer can be present during the questioning of the suspect and at other procedural steps.
The accused is not obliged to make a statement, and may refuse to make a statement or to answer certain questions at any time during the interrogation, but may decide to make a statement at any time, even if he or she has previously refused to do so.
Arrest is a judicial deprivation of the personal liberty of the accused before a final decision on the case has been taken. Arrest ordered before indictment lasts until the decision of the court of first instance in preparation for the trial, but for a maximum of one month, which may be extended by the court on the motion of the prosecution.
However, there is an upper limit to the duration of the arrest, depending on the offence for which proceedings are pending. For example, if the offence for which the charge is pending is punishable by imprisonment for a term of less than three years, the maximum period of arrest is one year.
During criminal proceedings, the victim can also exercise rights, such as making motions and observations, being present at procedural steps and asking questions, and making civil claims.
The victim's legal representative will help you exercise these rights. He or she may be present at the victim's hearing, have access to the case file and submit motions.
Not only the victim, but anyone else can report a public prosecution for a prosecutable offence. In the case of a privately prosecuted offence, criminal proceedings can only be initiated or continued at the request of the person entitled. The right to bring a private prosecution lies with the victim or, if the victim dies, with his or her next of kin.
In certain cases specified in the law, the offender can only be punished on a private charge. Such offences include harassment, defamation, libel, slander and contempt.
A private prosecution must be brought within one month of the date on which the person entitled to a private prosecution became aware of the offence.
