Criminal Proceedings in Hungary – FAQ for Foreigners by a Criminal Law Attorney

If you are suspected or accused of committing a crime in Hungary, the Hungarian criminal procedure applies to you, regardless of your nationality. You will go through investigation and court proceedings according to Hungarian law. The authorities will inform you of the charges and your rights, and you will have the opportunity to defend yourself.

The investigation is the first phase of the criminal process. During this stage, the police and prosecutor collect evidence, question witnesses, and may question you as the suspect. You will be informed of the accusation, and you have the right to remain silent or to give a statement. The investigation ends when the prosecutor decides whether to file charges in court.

Yes. If you do not speak Hungarian, the authorities must provide you with a qualified interpreter or translator free of charge during the criminal procedure. This ensures you fully understand the charges, the evidence, and your rights. You can read about the EU Law about minimum standards which form and define the exact rules of the Hungarian Criminal Procedure Law

Yes. You may appoint your own defense lawyer, or if you cannot afford one, the court can appoint a public defender. In serious cases or when you are detained, having a lawyer is mandatory. You have the right to consult with your lawyer in private, even in detention.

If you are in detention, your contacts with family, lawyer, or consulate may be subject to rules and restrictions. Usually, you can keep in touch by letters, monitored phone calls, or sometimes video communication, but private and confidential contact with your lawyer must always be guaranteed.

Rights: the right to remain silent, the right to a lawyer, the right to translation, the right to present evidence and witnesses, and the right to appeal decisions.
Obligations: you must respect the rules of the procedure, appear when summoned, and tell the truth if you decide to testify as a witness. As a defendant, you are not obliged to admit guilt or answer questions.
If you want to read more click here

If you fail to appear when the court or prosecutor summons you, the authorities may order your arrest and bring you to the hearing by force. Absence can also negatively affect your case and the court’s judgment. There is an informative page of the Hungarian Police about active arrest warrants

Sanctions under Hungarian criminal law range from fines and community service to imprisonment. The severity of the punishment depends on the seriousness of the offense and on so called the mitigating and qualifing circumstances. To read more you can click on my article about sentencing in Hungarian Criminal Law

This depends on international agreements and the seriousness of the crime. In many cases, especially if imprisonment is imposed, the Hungarian authorities may notify your home country. Hear you can read more about what happens if your country is informed about the outcome of procedure and the sanction against you in Hungary,

Yes. If you are a foreign national, you have the right to contact your consulate, and the Hungarian authorities must allow consular notification. The consulate can provide assistance, such as contacting your family or helping you find a lawyer.

Yes. At the preparatory hearing, you may admit guilt. If you plead guilty, the court can issue a judgment without a full trial, and you may receive a more lenient sentence. This makes the process quicker and simpler. You can read more about pleading gulity here in this article

The question of whether it is advisable to plead guilty and waive the trial largely depends on the available evidence and individual circumstances, such as the gravity of the case and personal circumstances, as well as the goal sought to be achieved.

If you do not admit the charges, the case proceeds to a full trial. The court will hear witnesses, examine evidence, and decide on your guilt and possible punishment after completing the trial hearings. Here you can read more about the evidences in the Hngarian Criminal Justice

Yes. The accused must personally attend the preparatory hearing, as the court must inform them of the charges and rights, and they must decide whether to plead guilty. Only in very exceptional cases can video participation or absence be allowed.

Yes, but only if the court allows it. For example, if the defendant is detained in another location or there are security concerns, the court may arrange participation via video conference. The defendant must still be able to fully exercise their rights.

While legal aid lawyers (public defenders) are qualified professionals, many clients find that their experience is not the same as with a chosen private defense attorney. Public defenders often have very limited time for each case because of their low pay and heavy workload. As a result, they may not always be as communicative, responsive, or dedicated as you would expect. Of course, this is not always the case — some legal aid lawyers do excellent work — but generally, clients feel more supported when they hire their own defense attorney.

Choosing the right lawyer is one of the most important decisions in your case. A good defense attorney should:
-Communicate with you clearly and regularly
-Have solid experience in criminal law,
-Pay personal attention to your case, and
-Be someone you feel you can trust.
For detailed guidance on how to select the best criminal lawyer for your situation you can read more information here. (available in Hungarian presently but will be translated to English soon)