THE CRIMINAL COST

Section 145 (1) Criminal costs as defined by law

(a) a fee or expense which has been advanced by the State in criminal proceedings or in connection with criminal proceedings,

(b) the costs of the accused, the injured party, the financial interest and other interested parties, even if not paid in advance by the State,

(c) the fees and expenses of the seconded lawyer, the legal representative and the authorized representative, even if not paid in advance by the State.

2. The criminal costs referred to in paragraph 1 (a) shall include , in particular, the costs of the witness, the fees and expenses of the expert and the consultant, and the costs of transporting and preserving the seized item.

Expert fee

§ 199. (1) The expert

(a) fees for expert examination, the preparation of an expert opinion and for appearing before a court, the public prosecutor's office or the investigating authority, and

(b) to reimburse the costs incurred and justified by the proceedings

entitled.

(2) The fee of the expert shall be determined on the basis of the fee list submitted by the expert, upon receipt of the expert opinion or, in the case of the hearing of the expert, after the hearing, but not later than within one month.

(3) The decision establishing the expert fee shall be communicated to the expert, the accused, the defense counsel and the decision of the court to the prosecutor's office. Those listed may appeal against the decision setting the expert fee.

4. The expert's fee shall be paid in advance by the court, public prosecutor's office or investigating authority which seconded the expert.

(5) The fees and expenses of the expert entrusted with the preparation of the private expert opinion shall be paid in advance by the accused or the defense counsel.

Criminal costs in the event of termination of proceedings

§ 402. (1) In the event of termination of the proceedings, the criminal costs shall be borne by the state, with the exception described in paragraph (2).

(2) In the event of termination of the proceedings, the public prosecutor's office may order the suspect to pay all or part of the criminal costs if the proceedings

a) due to active remorse,

(b) due to the effective expiry of the duration of the conditional suspension of the proceedings; or

(c) by reprimand

terminates.

(3) If the suspect in his complaint against the decision to terminate the proceedings also infringes the provision for the payment of criminal costs and the superior prosecutor's office does not uphold the complaint, the suspect may file an appeal against the provision for the payment of criminal costs.

(4) If the suspect infringes only the provision of the decision terminating the proceedings which is mandatory for the payment of criminal costs, the appeal shall be considered as a motion for appeal. In this case, the prosecutor's office forwards the appeal, together with the case file and its remark or motion, to the investigating judge within three working days.

§ 403. (1) 98 Upon request, deferral or payment of installments for the payment of criminal costs may be permitted pursuant to Act CCXL of 2013 on the Implementation of Penalties, Measures, Certain Coercive Measures and the Blocking of Infringements. (hereinafter: the Bv. Act) under the conditions and within the framework specified in Section 42 (1).

(2) A request for deferral or installment payment shall not have suspensory effect.

(3) The prosecutor's office ordering the payment of the criminal costs shall decide on the application. There is no appeal against this decision.

To bear the cost of the crime

§ 574. (1) The court shall oblige the accused to bear the criminal costs specified in § 145 (1) if he or she is found guilty or is found liable for the commission of an offense.

2. An accused person may be ordered to pay criminal costs only in respect of the act or part of the facts for which he has been found guilty or liable.

(3) The accused may not be obliged to bear the criminal costs which - not due to his / her negligence - have been incurred unnecessarily or which other persons must be ordered to bear pursuant to law.

(4) The court shall order the accused who have been found guilty to bear the criminal costs separately. If the criminal costs or a specified part thereof cannot be separated according to the defendants convicted, the court shall jointly and severally order the defendants to pay the criminal costs.

(5) The court may release the accused from paying a part of the criminal costs disproportionately large in relation to the material gravity of the criminal offense.

§ 575. (1) If the court acquits the accused or terminates the proceedings against him, the state shall bear the criminal costs specified in § 145 (1) a) .

(2) If the accused is acquitted or the proceedings are terminated, the accused shall also be ordered to pay the costs incurred as a result of his negligence.

(3) In the event of termination of the proceedings, the court may order the accused to pay all or part of the criminal costs if the proceedings are terminated because the Criminal Code. Due to the reason specified in the Special Part, which terminates the criminal liability depending on the conduct of the accused, the accused has ceased to be criminal.

§ 576. (1) It is borne by the state

a) the costs which the defendant is not required to reimburse under section 76 ( a) , and

b) 139 the costs incurred in connection with the fact that the accused is hearing-impaired, speech-impaired, blind, deaf-blind, or does not know the Hungarian language, or used his or her mother tongue during the proceedings.

(2) If the prosecution was represented by the prosecutor's office and the court acquits the accused, except in the case specified in Section 566 (3), or terminates the proceedings against him due to the prosecution of the prosecutor's office, the state shall - to the extent specified by law - reimburse the costs of the accused, as well as the fees and costs of his authorized counsel.

§ 577. (1) The court shall determine in its final decision, without determining the amount or determining the proportional part of the fee, who shall bear the probation lawyer's fee. The court making the final decision shall inform the legal aid service dealing with the issue of legal aid within eight days by providing the following information:

a) the decision to charge a probationary lawyer's fee,

b) the name, address, notification address, actual place of residence, service address, mother's name, date of birth, in the case of an organization, name, registered office, name of the registration body, registration number of the person liable to pay the probationary lawyer's fee.

(2) The probation lawyer's fee, which the person participating in the criminal proceedings cannot be obliged to pay, shall be borne by the state.

§ 578. (1) Upon the request submitted immediately after the final decision has become final, the single judge or the chairman of the council may grant a deferral or installment payment for the payment of the criminal costs of the state. TV. Under the conditions and within the limits specified in Section 42 (1). In the case of criminal costs not exceeding fifty thousand forints, a deferral of up to two months or a three-month installment payment may be permitted on the basis of the available data.

(2) A request for deferral or installment payment shall not have suspensory effect.

(3) The court which made the final decision shall decide on the application. There is no appeal against this decision.

The cost of crime

§ 613. (1) The court of second instance shall establish in its decision the criminal costs incurred in the proceedings of the court of second instance and, if necessary, order its payment.

(2) The court of second instance may release the accused who has been found guilty from the payment of all or part of the criminal costs incurred in the court of second instance proceedings if the appeal of the accused or the defense counsel was successful.

§ 631. Criminal costs incurred in the course of proceedings under this Chapter shall be borne by the State.

632
(4) 152 The accused may not be ordered to pay the criminal costs incurred in the retrial, unless they have been incurred as a result of his negligence.

§ 664. (1) The criminal costs incurred during the review proceedings, including the fees of the defense counsel assigned to formulate the review petition, shall be borne by the submitter of the petition in case of rejection of the review petition, except in the case of a review initiated by the prosecutor's office. In other cases, the criminal costs are borne by the state.

669
(4) The criminal costs incurred during the appeal procedure shall be borne by the state.

Decision and appeal under the simplified review procedure

§ 674. (1) On the basis of the simplified review procedure, the court shall, if necessary, annul the unlawful provision of the decision made in the main proceedings in accordance with the law.

(2) The court shall reject the petition if it is unfounded. The court shall terminate the proceedings if it finds in the ex officio proceedings that the conditions for initiating the proceedings are not met.

(3) The court shall reject a late, excluded by law or a motion from a person who is not entitled to it, without substantiating it. If a motion from an unauthorized person is rejected, the court will initiate the proceedings of its own motion if the legal conditions for the proceedings are met.

(4) The court shall decide on the matter which is the subject of the simplified review procedure by an order.

(5) 169 The decision of the court may be appealed by the person who is entitled to make a motion to initiate the proceedings, or in the circle concerning him or her, whose decision affected his or her rights or obligations.

(6) The court of second instance shall set aside the decision of the court of first instance in the simplified review procedure and reject the motion if the conduct of the procedure is precluded by law. The court will do so even if the petition was submitted by an unauthorized person and there is no place to conduct a simplified review procedure of its own motion.

(7) There is no place for a court of third instance in a simplified review procedure.

§ 675 The criminal costs shall be borne by the state if, during the proceedings, it is established that the final final decision on a matter subject to the simplified review procedure was not or was not provided in accordance with the law. In the event of a rejection of a motion to conduct a simplified review procedure, the criminal costs shall be borne by the petitioner, and in the case of a motion by the prosecutor's office, by the state.

§ 782. (1) If the court acquits the accused or terminates the proceedings against him, the private prosecutor shall bear the criminal costs specified in § 145 (1) and § 576 (1) ( b) .

(2) If the prosecution was represented by a private prosecutor and the court acquits the accused, except in the case specified in Section 566 (3), or terminates the proceedings against him due to the indictment of the private prosecutor, the private prosecutor shall, within one month of the final decision becoming final - to the extent specified by law, reimburse the fees and expenses of the accused's authorized counsel incurred in the private prosecution proceedings.

3. The court of second instance shall order the private prosecutor to pay the criminal costs incurred in the second instance proceedings and to reimburse the fees and expenses incurred there specified in paragraph 2 if the private prosecutor has appealed only against the decision of the court of first instance and the court of second instance upholds the decision. .

(4) The court of third instance shall order the private prosecutor to pay the criminal costs incurred in the third-instance proceedings and to reimburse the fees and expenses incurred there specified in subsection (2) if only the private prosecutor has appealed against the decision of the appellate court. .

(5) In the case of a counter-indictment, the court may also order that the private prosecutor and the re-defendant bear the criminal costs advanced by him.

§ 813. (1) If the court acquits the accused or terminates the proceedings against him, the substitute private prosecutor shall bear the cost of the criminal costs specified in § 145 (1) and § 576 (1) ( b) which arose after the action of the deputy private prosecutor.

(2) If the prosecution was represented by a private prosecutor and the court acquits the accused, except in the case specified in Section 566 (3), or terminates the proceedings against him due to the indictment of the private prosecutor, the private prosecutor shall, within one month of the final decision becoming final - to the extent specified by law - reimburse the fee and costs of the accused's authorized defense counsel incurred after the action of the substitute private prosecutor.

3. A substitute private prosecutor may be ordered to pay only the criminal costs incurred in connection with the act or part of the facts and to reimburse the part of the fee and costs specified in paragraph 2 for which he has filed or made a written statement and for which the court has issued an acquittal or terminated the proceedings, except in the case specified in Section 566 (3).

(4) The court of second instance shall order the private prosecutor to pay the criminal costs incurred in the second instance proceedings and to reimburse the fees and expenses incurred therein, as specified in subsection (2), if only the private prosecutor has appealed against the .

(5) The court of third instance shall order the private prosecutor to pay the criminal costs incurred in the third-instance proceedings and to reimburse the fees and expenses specified therein specified in subsection (2) if only the private prosecutor appeals against the .

To bear the cost of the crime

§ 826. The court shall order the convicted person to pay the criminal costs if he finds that the property indicated in the petition is subject to confiscation of property ordered by a final decision. Otherwise, the criminal costs incurred in the foreclosure proceedings are borne by the state.

838
(2) The criminal costs shall be borne by the convicted person if the court decides to postpone the earliest date of his or her parole. If the court has not ordered a postponement of the earliest date of parole, the criminal costs will be borne by the state.

839
(8) The criminal costs shall be borne by the convicted person if the total punishment has been ordered. If the custodial sentence has not been ordered, the criminal costs will be borne by the state.

841
(3) The criminal costs shall be borne by the convicted person if the court provides for the extension of the probation period or the annulment of the provision ordering the probation and the imposition of a penalty.

§ 843. (1) 192 In order to pay the criminal costs belonging to the state, the single judge or the chairman of the council may authorize a deferral or installment payment in accordance with Bv. TV. Under the conditions and within the limits specified in Section 42 (1).

2. A request for deferment and payment by installments shall not have suspensory effect.

(3) The court of first instance in the main proceedings shall decide on the application on the basis of the case-file without holding a hearing. There is no appeal against this decision.