Hungary - Revision history

IBJadmin: /* Court Procedures */

2025-02-27T14:39:06Z

Court Procedures

← Older revision		Revision as of 16:39, 27 February 2025
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	<ul>''Right to Appeal, Right to Counsel, Grounds of Appeal:''		<ul>''Right to Appeal, Right to Counsel, Grounds of Appeal:''

	The defendant has the right to appeal against the sentence to the second instance court, and has a right to an attorney. The defendant can appeal to challenge both the factual findings made by the court, and the legal basis on which the decision was made.~~lii~~ However, there is no evidentiary procedure: the court of second instance will work from the material of the court of first instance.</ul>		The defendant has the right to appeal against the sentence to the second instance court, and has a right to an attorney. The defendant can appeal to challenge both the factual findings made by the court, and the legal basis on which the decision was made. However, there is no evidentiary procedure: the court of second instance will work from the material of the court of first instance.</ul>

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	==Rights in Prison==		==Rights in Prison==

IBJadmin: /* Rights in Prison */

2025-02-27T14:38:56Z

Rights in Prison

← Older revision		Revision as of 16:38, 27 February 2025
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	<li>'''Right to Medical Care in Prison:'''		<li>'''Right to Medical Care in Prison:'''

	Article XX(1) of the Fundamental Law of Hungary mandates that: “Everyone shall have the right to physical and mental health”.~~lxi~~ While a prisoner is detained, Hungary is responsible for ensuring their basic medical needs are met. This includes necessary medical care and medication. Prison facilities have prison doctors available, though an appointment is needed to see medical staff.		Article XX(1) of the Fundamental Law of Hungary mandates that: “Everyone shall have the right to physical and mental health”. While a prisoner is detained, Hungary is responsible for ensuring their basic medical needs are met. This includes necessary medical care and medication. Prison facilities have prison doctors available, though an appointment is needed to see medical staff.

	If a prisoner requires hospital treatment, they will be transferred to the Central Hospital of the Prison Service in Berettyóújfalu (BVEK). If the prisoner needs a medical examination or intervention that cannot be provided at the BVEK, or if emergency care is needed, the prisoner may be transferred into a civilian medical facility.		If a prisoner requires hospital treatment, they will be transferred to the Central Hospital of the Prison Service in Berettyóújfalu (BVEK). If the prisoner needs a medical examination or intervention that cannot be provided at the BVEK, or if emergency care is needed, the prisoner may be transferred into a civilian medical facility.

IBJadmin: /* Rights of the Accused */

2025-02-27T14:38:23Z

Rights of the Accused

← Older revision		Revision as of 16:38, 27 February 2025
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	<li>'''Right to Due Process:'''		<li>'''Right to Due Process:'''

	The right to due process is enshrined in the Hungarian Constitution, particularly under Article XXVIII which protects a defendant’s right to a fair and public trial.~~xxii~~ Under Article XXVIII(7), “Everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests.”		The right to due process is enshrined in the Hungarian Constitution, particularly under Article XXVIII which protects a defendant’s right to a fair and public trial. Under Article XXVIII(7), “Everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests.”

	However, Hungarian courts have shown some resistance to European judicial oversight of judicial processes. For example, in 2019, a Hungarian Supreme Court ruling limited the European Court of Justice’s oversight over domestic criminal proceedings. In November 2021, the CJEU subsequently found that EU law precluded such rulings of the Supreme Court.		However, Hungarian courts have shown some resistance to European judicial oversight of judicial processes. For example, in 2019, a Hungarian Supreme Court ruling limited the European Court of Justice’s oversight over domestic criminal proceedings. In November 2021, the CJEU subsequently found that EU law precluded such rulings of the Supreme Court.

IBJadmin: /* Rights of Counsel */

2025-02-24T10:10:55Z

Rights of Counsel

← Older revision		Revision as of 12:10, 24 February 2025
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	==Rights of Counsel==		==Rights of Counsel==

	~~<li>'''Right to Provide Representation:'''~~

	~~The right for an attorney to provide legal representation in a criminal case is protected under Section 40 of Act LXXVIII of 2017 on Legal Practice.~~
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	<li>'''Right to Provide Representation:'''		<li>'''Right to Provide Representation:'''

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	Attorney-client confidentiality is protected under Section 9 of Act LXXVIII of 2017 on Legal Practice: “In the absence of any provisions stipulated under this Act to the contrary, legal practitioners are obliged to keep confidentiality of attorney-client privileged information.		Attorney-client confidentiality is protected under Section 9 of Act LXXVIII of 2017 on Legal Practice: “In the absence of any provisions stipulated under this Act to the contrary, legal practitioners are obliged to keep confidentiality of attorney-client privileged information.

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	~~<li>'''Right of Access to the Client:'''~~

	~~The accused has the right to contact their lawyer and consult them verbally or in writing without any supervision.~~

	~~<br>~~
	~~<br>~~
	~~<li>'''Right to Confidential Communication with the Client:'''~~

	Attorney-client confidentiality is protected under Section 9 of Act LXXVIII of 2017 on Legal Practice: “In the absence of any provisions stipulated under this Act to the contrary, legal practitioners are obliged to keep confidentiality of attorney-client privileged information.

	~~<br>~~
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	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Rights in Prison */

2025-02-18T15:07:11Z

Rights in Prison

← Older revision		Revision as of 17:07, 18 February 2025
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	Hungarian criminal law lays down the measure of ‘Special education in a reformatory institution’ for juveniles, in the interest of their successful education, which can last 1-3 years.		Hungarian criminal law lays down the measure of ‘Special education in a reformatory institution’ for juveniles, in the interest of their successful education, which can last 1-3 years.

	Adult prisoners are separated from juvenile prisoners under 21 years of age.~~lxxviii~~ There are only two levels of security of prisons in use for juveniles - medium and low. Life imprisonment can only be imposed on offenders who have turned 20 at the time that the offense was committed.</ul>		Adult prisoners are separated from juvenile prisoners under 21 years of age. There are only two levels of security of prisons in use for juveniles - medium and low. Life imprisonment can only be imposed on offenders who have turned 20 at the time that the offense was committed.</ul>

	==Resources==		==Resources==

IBJadmin: /* Source of Defendants Rights */

2025-02-18T15:04:44Z

Source of Defendants Rights

← Older revision		Revision as of 17:04, 18 February 2025
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	<li>'''International Sources of defendant’s rights:'''		<li>'''International Sources of defendant’s rights:'''
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	In Hungary, the relationship between international agreements and domestic law is based on a dualist system: international agreements become part of national law via their promulgation by legal regulations.x Hungary has been a member of the EU since 2004		In Hungary, the relationship between international agreements and domestic law is based on a dualist system: international agreements become part of national law via their promulgation by legal regulations. Hungary has been a member of the EU since 2004

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	==Rights of the Accused==		==Rights of the Accused==

IBJadmin: /* The Legal system */

2025-02-18T11:29:28Z

The Legal system

← Older revision		Revision as of 13:29, 18 February 2025
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	In Hungary, justice is exercised in different types of courts: the ‘Kúria’ (Supreme Court of Hungary), regional courts of appeal (‘ítélőtáblák’), general courts (‘törvényszékek’), district courts (‘járásbíróságok’), and administrative and labour courts.		In Hungary, justice is exercised in different types of courts: the ‘Kúria’ (Supreme Court of Hungary), regional courts of appeal (‘ítélőtáblák’), general courts (‘törvényszékek’), district courts (‘járásbíróságok’), and administrative and labour courts.
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IBJadmin: /* The Legal system */

2025-02-18T11:29:21Z

The Legal system

← Older revision		Revision as of 13:29, 18 February 2025
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	In Hungary, justice is exercised in different types of courts: the ‘Kúria’ (Supreme Court of Hungary), regional courts of appeal (‘ítélőtáblák’), general courts (‘törvényszékek’), district courts (‘járásbíróságok’), and administrative and labour courts.		In Hungary, justice is exercised in different types of courts: the ‘Kúria’ (Supreme Court of Hungary), regional courts of appeal (‘ítélőtáblák’), general courts (‘törvényszékek’), district courts (‘járásbíróságok’), and administrative and labour courts.
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	==Legal Aid==		==Legal Aid==

IBJadmin: /* Pre-Trial Procedure */

2025-02-18T11:27:29Z

Pre-Trial Procedure

← Older revision		Revision as of 13:27, 18 February 2025
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	The accused has the right to remain silent during a police interrogation and the right to an attorney. The investigating authority must inform the attorney of the date and place of the accused’s police investigation. However, if the attorney does not arrive within 24 hours, the police may start to interview the accused without their attorney.		The accused has the right to remain silent during a police interrogation and the right to an attorney. The investigating authority must inform the attorney of the date and place of the accused’s police investigation. However, if the attorney does not arrive within 24 hours, the police may start to interview the accused without their attorney.

	In practice, in urgent cases, the police could start questioning the accused immediately, but not before their attorney has been informed about it<br>		In practice, in urgent cases, the police could start questioning the accused immediately, but not before their attorney has been informed about it.<br>


	<br>		<br>

	==Court Procedures==		==Court Procedures==

IBJadmin: /* Rights in Prison */

2025-02-18T11:27:07Z

Rights in Prison

← Older revision		Revision as of 13:27, 18 February 2025
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	<li>'''Right to Humane Conditions of Confinement:'''		<li>'''Right to Humane Conditions of Confinement:'''

	The rights of a person to be protected against “any inhuman or degrading treatment or punishment” is enshrined in the Fundamental Law of Hungary.~~liv~~ Additionally, the right of a person to not be “expelled or extradited to a state where he or she faces the danger of a death sentence, torture or any other inhuman treatment or punishment” is protected by the Fundamental Law of Hungary.		The rights of a person to be protected against “any inhuman or degrading treatment or punishment” is enshrined in the Fundamental Law of Hungary. Additionally, the right of a person to not be “expelled or extradited to a state where he or she faces the danger of a death sentence, torture or any other inhuman treatment or punishment” is protected by the Fundamental Law of Hungary.
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	<li>'''Immigrant’s Rights in Detention:'''		<li>'''Immigrant’s Rights in Detention:'''
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	Detained asylum seekers have the right to unsupervised contact with their relatives, to send and receive correspondence, to practice their religion and to spend at least one hour per day outdoors.		Detained asylum seekers have the right to unsupervised contact with their relatives, to send and receive correspondence, to practice their religion and to spend at least one hour per day outdoors.

	Asylum detention must take into account the special needs of the person ~~concernedlvii~~, though vulnerable persons (with the exception of unaccompanied children) are not excluded from detention.		Asylum detention must take into account the special needs of the person concerned, though vulnerable persons (with the exception of unaccompanied children) are not excluded from detention.

	Men must be detained separately from women, with the exception of spouses, and families with children are separated from other detainees.		Men must be detained separately from women, with the exception of spouses, and families with children are separated from other detainees.

	Asylum seekers are entitled to basic medical care only.		Asylum seekers are entitled to basic medical care only.
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	<li>'''Right to Medical Care in Prison:'''		<li>'''Right to Medical Care in Prison:'''
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	If a prisoner requires hospital treatment, they will be transferred to the Central Hospital of the Prison Service in Berettyóújfalu (BVEK). If the prisoner needs a medical examination or intervention that cannot be provided at the BVEK, or if emergency care is needed, the prisoner may be transferred into a civilian medical facility.		If a prisoner requires hospital treatment, they will be transferred to the Central Hospital of the Prison Service in Berettyóújfalu (BVEK). If the prisoner needs a medical examination or intervention that cannot be provided at the BVEK, or if emergency care is needed, the prisoner may be transferred into a civilian medical facility.

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	<li>'''Restriction of rights:'''		<li>'''Restriction of rights:'''

	The right to liberty is enshrined in the Fundamental Law of Hungary. The constitution provides that any person whose liberty is restricted without a well-founded reason or in an unlawful manner shall be entitled to an indemnity.~~lxiv~~		The right to liberty is enshrined in the Fundamental Law of Hungary. The constitution provides that any person whose liberty is restricted without a well-founded reason or in an unlawful manner shall be entitled to an indemnity.

	If a prisoner’s rights are violated while in prison, they can file a complaint to the prosecutor or the Commissioner for Fundamental Rights, which acts as the ombudsman for Hungary.~~lxv~~		If a prisoner’s rights are violated while in prison, they can file a complaint to the prosecutor or the Commissioner for Fundamental Rights, which acts as the ombudsman for Hungary.

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	<li>'''Rights of Special Populations:'''		<li>'''Rights of Special Populations:'''