Language

Republic of Hungary

Hungary - Criminal Procedure Code 1998 (2017)

Language of criminal proceedings and right to use language

§ 8. (1) The language of the criminal proceedings is Hungarian. Members of nationally recognized nationalities living in Hungary may use their mother tongue in criminal proceedings.

(2) No one may be disadvantaged by not knowing the Hungarian language.

(3) Everyone has the right to use their mother tongue in criminal proceedings.

(4) A person with a hearing impairment or a deafblind person is entitled to use sign language in criminal proceedings.

Mandatory defense participation in the proceedings

§ 44. The participation of a defense counsel in criminal proceedings is obligatory if

a) the offense is punishable by a term of imprisonment of up to five years or more for the offense,

(b) is subject to a coercive measure affecting the defendant's personal liberty, is otherwise subject to arrest, pre-trial detention and is serving a custodial sentence, detention order or correctional facility,

c) the accused is hearing-impaired, deaf-blind, blind, speech-impaired, otherwise unable to communicate or severely restricted, and, regardless of his or her ability to count, has a pathological state of mind,

d) the accused does not know the Hungarian language,

e) the accused is unable to defend himself in person for other reasons,

(f) the court, the public prosecutor's office or the investigating authority has appointed a lawyer at the request of the accused or because he considered it necessary for other reasons,

g) this law provides for this separately.

nsuring the use of language

§ 78. (1) If a person participating in criminal proceedings wishes to use his or her non-Hungarian mother tongue, national mother tongue or other mother tongue specified in an international treaty promulgated by law, an interpreter with appropriate knowledge of legal language shall be used.

(2) If the use of the mother tongue would encounter a disproportionate difficulty, the use of another language indicated as known by a person who does not know the Hungarian language shall be ensured through an interpreter.

(3) If the person to be questioned is hearing impaired, he or she shall be heard with the assistance of a sign language interpreter at his or her request, or he or she may make a written statement instead of being questioned.

(4) If the person to be questioned is deafblind, he or she shall be questioned with the assistance of a sign language interpreter upon request.

(5) If the person to be questioned has a speech impediment, he or she may testify in writing at his or her request instead of being questioned.

(6) If the person to be interrogated is unable to communicate for reasons other than those specified in paragraphs 3 to 5, or is severely restricted, he or she shall be interrogated with the assistance of a sign language interpreter or other appropriate means of communication shall be provided.

(7) The court, prosecutor's office or investigative authority which made the decision or issued the other file shall ensure the translation of the file to be served pursuant to this Act.

(8) Unless otherwise provided by

795
(3) If the accused did not use the Hungarian language in the proceedings, the court shall arrange for the translation of the part of the indictment concerning the accused into the language used by the accused.

section 820
(8) If the property interested person is in an unknown, unknown place or does not know the Hungarian language, a guardian shall be appointed for him or her.

§ 833 The accused may waive the translation of the indictment or judgment.

Rome Statute

Article 50 Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

Article 87 Requests for cooperation: general provisions

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.