GENERAL PART
CHAPTER VII
PENALTIES
Custodial Arrest
Section 46
(1) The duration of custodial arrest shall be determined in days. The minimum and the maximum duration of custodial arrest shall be five days and ninety days, respectively.
(2) Custodial arrest shall be carried out in a penal institution.
SPECIAL PART
CHAPTER XXVIII
MALFEASANCE IN OFFICE
Unlawful Detention
Section 304
(1) Any public official who unlawfully deprives another person of his personal freedom is guilty of a felony punishable by imprisonment between one to five years.
(2) The penalty shall be imprisonment between two to eight years, if the unlawful detention is committed:
a) with malice aforethought or with malicious motive;
b) by tormenting the aggrieved party;
c) having caused a particularly serious result.
FREEDOM AND RESPONSIBILITY
ARC. article
(3) A person suspected of having committed a criminal offense and detained shall be released or brought to justice as soon as possible. The court shall hear the person brought before it and decide on his or her release or arrest without delay in a written reasoned decision.
FREEDOM AND RESPONSIBILITY
XXVIII. article
(1) Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
(2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national and international law.
(3) A person subject to criminal proceedings shall have the right to a defense at all stages of the proceedings. The defense counsel shall not be held liable for any opinion expressed in the performance of the defense.
(4) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed.
5. Paragraph 4 shall not preclude the prosecution and conviction of any person for an act which, at the time when it was committed, was criminal according to the generally recognized rules of international law.
(6) Except in exceptional cases specified by law, no one may be prosecuted or convicted of a criminal offense for which he or she has already been finally acquitted or convicted in accordance with the law in Hungary or, within the scope of an international treaty or an act of the European Union. .
(7) Everyone has the right to an appeal against a judicial, administrative or other administrative decision which infringes his or her rights or legitimate interests.
''II. Chapter The extradition, 1. Title Extradition from Hungary''
§ 20. (1) (b) if the presence of a lawyer is mandatory in the proceedings and the requested person does not have an authorized lawyer, he or she shall appoint a lawyer and it shall be for the court to appoint a lawyer;
f) 39 inform the requested person about the rules specified in Section 16, the possibility of waiver, and declare the requested person in this regard, as well as record the training and the statement of the requested person in the minutes;
''Chapter V Procedural legal aid, 7. Title Interrogation by telecommunication device''
§ 67. (6) The person to be questioned or to be heard may also exercise the right to refuse to testify or to participate in accordance with Hungarian law. The person concerned must be warned of this before the hearing or hearing.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.