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.
Criminal 1
The National Assembly
with a view to bringing perpetrators of crimes punishable under international law and international law to justice in an effective and reasonable manner that ensures the exercise of the fundamental right to a fair trial,
Protection of fundamental rights
§ 2. (1) The human dignity of everyone shall be respected in criminal proceedings.
(2) Everyone has the right to liberty and security of person in criminal proceedings.
(3) A fundamental right may be restricted in criminal proceedings only in proceedings under this Act, for the reason, in the manner and to the extent specified in this Act, provided that the objective pursued cannot be ensured by other procedural acts or measures with minor restrictions.
Right of defense
§ 3. (1) The accused has the right to effective protection at all stages of the criminal proceedings.
(2) The accused shall have the right to defend himself in person and to have the assistance of a defense counsel.
(3) The court, the prosecutor's office and the investigating authority shall provide the accused with a defense counsel as specified in this Act.
(4) The court, the prosecutor's office and the investigating authority shall provide adequate time and circumstances for the preparation of the defense.
(5) The accused shall have the right to defend himself on leave.
(6) The court, the prosecutor's office and the investigating authority shall take into account the circumstances of rescuing the accused and mitigating his / her criminal liability ex officio.
Basics of proof
§ 7. (1) The accuser is obliged to prove the accusation.
(2) The accused shall not be required to prove his innocence.
(3) In criminal proceedings, no one shall be obliged to testify against himself or to give evidence against himself.
(4) A fact which has not been proved beyond a reasonable doubt shall not be assessed against the accused.
(5) The court, the prosecutor's office and the investigating authority shall not be bound by a decision taken in civil, administrative, infringement, disciplinary or other proceedings or by the facts established therein as to whether the accused has committed a criminal offense.
Defendant 's rights and obligations
§ 39. (1) The accused is entitled to
(a) become acquainted with the subject matter of the suspicion and charge and their evolution,
(b) the court, the public prosecutor's office and the investigating authority provide him with adequate time and conditions to prepare his defense,
(c) to obtain information on his or her criminal procedural rights and obligations from the court, the public prosecutor's office and the investigating authority,
d) authorize or propose the appointment of a lawyer to carry out his or her defense,
e) consult his lawyer without supervision,
f) to testify or refuse to testify,
g) present evidence, make a motion and make a statement, speak with the last word,
h) to be present at the hearing and at the hearing to be held on the coercive measure of the judicial licensee concerning personal liberty and to ask questions as specified in this Act,
i) to seek legal redress,
j) to get acquainted in full with the files of the proceedings, with the exceptions specified in this Act,
(k) initiate the conclusion of a settlement or the prospect of a prosecution measure or decision.
(2) A detained accused person shall be entitled to:
(a) find out the reason for his detention and how it changes,
(b) his detention is communicated to a person of his choice by the court, the public prosecutor's office and the investigating authority,
(c) to contact his lawyer and, if he is a foreign national, the consular representative of his State, in person, by post or by electronic means without control,
(d) the person of his or her choice is contacted before the prosecution by the public prosecutor's office and then, in accordance with the court's order, in person under supervision and by postal or electronic control.
(3) The accused is obliged
a) to be present at procedural acts in accordance with the provisions of the court, the prosecutor's office and the investigating authority, as specified in this Act,
(b) communicate the address, notification address, actual place of residence, address for service and any change thereof to the trial court, the public prosecutor's office or the investigating authority within three working days of the change.
(4) The court, the public prosecutor's office or the investigating authority shall inform the accused of his / her rights and warn him / her of his / her obligations at the beginning of his / her participation in the criminal proceedings. The information shall also include the right to claim a cost reduction and its conditions, as well as the right to use the mother tongue.
(5) If the accused is detained, the trial court, prosecutor's office or investigating authority shall also inform the accused in writing of his or her rights. The information shall also cover the possible final period of detention pursuant to the decision ordering detention or as provided by law, the rules for extending, maintaining and reviewing detention, as well as the right to appeal against such decisions and to submit a motion to terminate detention.
6. In order to exercise the right provided for in paragraph 1 ( b) and (e) , the court, public prosecutor's office or investigating authority shall postpone the commencement or performance of the procedural act for at least one hour if the accused is prepared to defend himself or he did not have the opportunity to be heard before the commencement of the procedural act, for reasons beyond the control of the accused and the defense counsel.
(7) In securing the right pursuant to subsection (2) ( d) , the court or the prosecutor's office may restrict or prohibit contact with a relative only for the purpose of the effectiveness of criminal proceedings or the protection of the life and physical integrity of another person. The defendant and the defense counsel may appeal against this decision.
Rights and obligations of the defense counsel
§ 42. (1) The defense counsel may, unless otherwise provided by this Act, fully exercise all the rights of the accused, which by their nature do not belong only to the person of the accused. The defense counsel may exercise these rights independently, as defense rights.
In addition to the provisions of paragraph 1, the lawyer shall be entitled to:
(a) be present at any procedural act in which the accused may be present or is required to be present,
b) in cases specified by law, also be present at procedural acts where the accused cannot be present or the presence of the accused can be restricted,
(c) to obtain and collect data for the purpose of protection, within the limits of the possibilities and conditions provided by law, and to use a private investigator for this purpose in accordance with the Act on the Protection of Persons and Property and the Rules of Private Investigation.
(3) The decision communicated to the accused shall in all cases also be communicated to his lawyer.
(4) The defense counsel is obliged
a) contact the accused without delay,
b) to use all lawful means and methods of defense in a timely manner for the benefit of the accused,
c) to inform the accused about the legal means of defense, to inform him / her of his / her rights, to warn him / her of his / her obligations,
d) to encourage the investigation of facts which save the accused or mitigate his or her responsibility,
e) in the event of an impediment, except in the case of an unforeseen unavoidable obstacle, to arrange for its replacement, at the same time informing the court, prosecutor's office or investigating authority of the fact of the impediment,
(f) to exercise his rights and fulfill his obligations in such a way as not to impede the timely conduct of criminal proceedings.
5. If the accused is detained, the trial court, public prosecutor's office or investigating authority shall inform the detention facility immediately and no later than forty-eight hours after becoming aware of the identity and contact details of the defense counsel.
(6) If several defendants act in the interests of the accused, the defendant shall be the first to submit a power of attorney, unless the defendant submits a power of attorney at the same time; Files, including subpoenas and notices, must be served on the lead counsel. The lead defender or his / her designated defender is entitled to hold a dialogue. The lead counsel or the counsel appointed by him or her, in the absence of these, the counsel present at the procedural act is entitled to appeal.
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.
Information, warning, contact
§ 74. (1) Unless otherwise provided by this Act, the court, the prosecutor's office and the investigating authority shall inform the person participating in the criminal proceedings of his or her rights and warn him or her of his or her obligations prior to the procedural act affecting him or her.
2. The court, the public prosecutor's office and the investigating authority shall, in their relations with the person involved in the criminal proceedings, endeavor to ensure that the person involved in the criminal proceedings understands and understands what has been communicated to him or her.
3. In order to achieve the objective set out in paragraph 2, the court, the public prosecutor's office and the investigating authority shall
a) is simple and comprehensible,
(b) take into account the condition and personal characteristics of the person involved in the criminal proceedings; and
(c) satisfy himself or herself that the person involved in the criminal proceedings has understood what was communicated to him or her or, failing that, explain the communication.
Establishment and general rules of special treatment
§ 81. (1) A natural person shall be deemed to be an injured person and a witness shall require special treatment if, on the basis of his or her personal characteristics or the nature and circumstances of the criminal offense which is the subject of the proceedings
a) in understanding, in understanding,
(b) in the exercise of the rights or the performance of obligations under this Act, or
(c) its effective participation in criminal proceedings
impeded.
(2) Circumstances justifying special treatment in particular
(a) the age of the person concerned,
b) the mental, physical or health condition of the person concerned,
(c) the grossly violent nature of the act which is the subject of the proceedings; or
(d) the relationship of the person concerned with another person involved in the criminal proceedings.
(3) The court, the prosecutor's office and the investigating authority
(a) examine, of his own motion or at the request of the person concerned, whether he qualifies for special treatment from the time he comes into contact with the person concerned,
b) decides on the establishment of special treatment on the basis of an individual assessment as defined by law,
(c) may take such measures as may be necessary to facilitate the exercise of the rights of the person concerned and the performance of his or her duties, as well as measures which he or she decides on his or her own motion or ex officio;
(d) order that files relating to the initiation and examination of a special treatment be treated in camera.
4. The court, the public prosecutor's office and the investigating authority shall take measures proportionate to the circumstances justifying the special treatment in order to facilitate and protect and protect the rights of the person in need of special treatment and to fulfill his or her obligations. Unless otherwise provided by this Act, the application of a measure falling within the scope of special treatment shall not infringe the procedural rights of another person involved in criminal proceedings.
(5) The court, the prosecutor's office and the investigating authority
(a) establishing special treatment,
(b) unless otherwise provided by this Act, the application of a measure falling within the scope of the special treatment, and
(c) the rejection of the witness's request for special treatment
without taking a decision.
6. In the case of subsection (5) ( c) , the investigating authority shall immediately inform the public prosecutor's office of the rejection of the motion.
7. The court, the public prosecutor's office and the investigating authority shall decide on the rejection of the petition submitted for the establishment of special treatment of the victim.
§ 82. It is considered a person requiring special treatment without a separate decision
a) a person under the age of eighteen,
(b) A person with a disability, as defined in the Act on the Rights and Equal Opportunities of Persons with Disabilities, and who may qualify as such; and
(c) a victim of a crime against freedom of sexual life and sexual morality.
Limitations of public information
109
(e) granting it would prejudice the effectiveness of the criminal proceedings or of each procedural act and the continuity or uninterrupted nature of the procedural act.
The debit warning
185
(a) is not required to testify, may refuse to testify or answer certain questions at any time during the hearing, but may at any time decide to testify, even if he or she has previously refused to testify,
Testimony
186
(2) The accused shall be given an opportunity to present his testimony in a coherent manner, after which questions may be put to him. If the defendant's testimony differs from his previous testimony, the reason must be clarified.
(3) The defendant shall not be asked any question which:
(a) include a response or guidance on the response,
(b) contains a promise incompatible with the law, or
(c) involves a statement of fact.
(4) If the accused testifies after the refusal to testify, a question may be addressed to him or her.
Presence during procedural acts during reconnaissance
§ 383.
(4) At the request of an accused, injured or witnessed foreign national, a consular officer of his or her state may be present at his or her interrogation and other procedural acts with his or her participation.
Interrogation of the suspect
§ 385. (1) If a person determined on the basis of available data or means of proof can be reasonably suspected of committing a criminal offense, he or she shall be detained by the investigating authority or the public prosecutor's office in accordance with Article XXX. He is interrogated as a suspect by chapter.
(2) In case of detention, the suspect shall be questioned within twenty-four hours from the beginning of his detention.
§ 386. (1) A person who is reasonably suspected of committing a criminal offense - in case of arrest, summoning, production, ordering his circulation, or issuing an arrest warrant against him - is only entitled to:
(a) be informed of the suspect's criminal rights in relation to the questioning,
b) authorize or propose the appointment of a lawyer,
(c) consult his lawyer without supervision.
(2) Until the suspicion is reported, the defense counsel shall have the sole right to contact and consult with the person he or she defends without supervision.
§ 387. (1) 89 If he or she does not have a defense counsel, the suspect or a person reasonably suspected of having committed a criminal offense shall be warned prior to his or her interrogation - immediately in case of production or custody - that he or she may authorize a defense counsel or propose the appointment of a defense counsel. This motion will be considered immediately by the investigating authority or the public prosecutor's office.
(2) 90 If the participation of a defense counsel is mandatory in the proceedings, the attention of the suspected or reasonably suspected person to the commission of the crime shall also be drawn to the fact that if he does not authorize a defense counsel, the investigating authority or the prosecutor's office shall appoint a defense counsel. If the suspect or a person reasonably suspected of having committed a criminal offense states that he does not wish to appoint a lawyer, the investigating authority or the public prosecutor's office shall immediately appoint a lawyer.
(3) 91 If a suspect or a person reasonably suspected of having committed a criminal offense wishes to appoint a lawyer or the investigating authority or the public prosecutor's office appoints a lawyer, the investigating authority or the public prosecutor's office shall notify the lawyer immediately and interview the suspect until the lawyer arrives postpones for two hours. If within the set time limit
(a) the defender does not appear, or
b) 92 the suspected or reasonably suspected person consents to the opening of the interrogation after consultation with the defense counsel,
the investigating authority or the public prosecutor's office shall begin the questioning of the suspect.
4. The investigating authority or the public prosecutor's office shall record the measures taken pursuant to paragraphs 1 to 3 and, if known, the reason for the absence of the defense counsel in the minutes of the questioning of the suspect.
(5) 93 The investigating authority or the public prosecutor's office shall ensure that a suspect or person reasonably suspected of having committed a criminal offense may consult his or her lawyer before or during his or her interrogation.
§ 388. (1) During the interrogation of the accused during the interrogation, the facts of the act which is the subject of the suspicion and its Criminal Code shall be communicated to the suspect. classification in accordance with
(2) Following the communication of the suspicion, the investigating authority or the public prosecutor's office shall warn the suspect and the defense counsel that there is a right to complain about the suspicion.
PRESENCE IN THE COURT PROCEEDINGS
§ 427. (1) The members of the single judge or the council and, unless otherwise provided by this Act, the registrar shall be present at the hearing, sitting and council meeting.
(2) In the event of unavoidable obstruction of a member of the council, the final decision at the hearing may be announced by a council of another composition.
(3) Unless otherwise provided by this Act, the hearing may not be held without the defendant, the prosecutor and, if the participation of a defense counsel in criminal proceedings is mandatory, the defense counsel.
(4) At the request of an accused, injured or witnessed foreign national, a consular officer of his or her state may be present at the hearing and the hearing.
Presence of the accused at the trial
§ 428. (1) The presence of the accused at the trial is obligatory if
a) did not waive the right to be present at the hearing pursuant to Section 430 (1),
(b) the court shall order him to be present at the hearing.
(2) A court may order an accused who has waived his right to be present at a hearing to attend the hearing if:
(a) it is necessary for the taking of evidence or for the hearing of an expert, or
b) the service agent of the accused has declared in accordance with Section 430 (5) that the performance of his or her task specified in Section 136 (5) is impeded for reasons beyond his or her own fault.
3. There shall be no appeal against an order under paragraph 1 ( b) .
§ 429. (1) If the proceedings are conducted against several accused, the part of the trial which does not concern him or her may be held in the absence of the accused. In that case, in the absence of the defense counsel of the accused who did not appear, this part of the trial may be held even if the participation of the defense counsel in the criminal proceedings is mandatory.
(2) A trial may be held in the absence of the accused if during the proceedings an order for the compulsory medical treatment of the accused may arise and due to his or her condition he or she may not appear at the trial or be unable to exercise his or her rights.
(3) The trial may be held in the absence of the accused, who has not appeared, despite the proper summons, but, except in the case of paragraph 4, the evidentiary proceedings may not be completed.
(4) The court may acquit the accused in his or her absence or terminate the criminal proceedings against him or her, and shall notify the accused and the defense counsel of the decision thereon, in addition to being informed of the legal remedy.
Section 430 (1) The accused may waive the right to be present at the hearing at any time after the indictment, if
(a) has a guard, and
(b) entrust the lawyer with the duties of service agent.
(2) The accused may make the statement under paragraph 1 orally before the court or in a document countersigned by his lawyer.
(3) If the accused waives his right to be present at the trial, it shall be clear from the record or from the document addressed to the court that the accused made this statement in the knowledge of paragraphs 4 to 7.
(4) If the accused waives the right to be present at the trial, the court shall serve the documents on the accused, except for the order to appear at the trial and the summons, on the service agent from the time he makes this statement or arrives at the court.
(5) If the performance of the task specified in Section 136 (5) encounters an unavoidable obstacle due to reasons beyond the control of the delivery agent, the delivery agent shall notify the court thereof within eight days of the occurrence of the obstacle.
(6) The service agent may be fined in the event of a breach of the obligation specified in subsection (5).
(7) If the accused has waived the right to be present at the trial and he or she has not been required by the court to be present at the trial, the trial shall be held in the absence of the accused. In this case, the court may close the proceedings against the defaulting defendant.
§ 431. (1) Until the announcement of the final decision, the accused may declare that he or she wishes to be present at the hearing, and upon receipt of the application in court, the statement specified in § 430 (1) shall cease to be valid.
2. A notification within the meaning of paragraph 1 shall be deemed to be a statement by the accused that he intends to directly monitor or actively participate in the trial or in the taking of evidence, the examination of certain means of proof, in particular if he testifies or you want to make a comment, even if you make a confession or comment.
(3) If the accused has announced that he wishes to be present at the trial, he may subsequently waive the right to be present at the trial again only with the permission of the court. There is no appeal against the order for authorization.
(4) If the accused has announced that he or she wishes to be present at the trial, the court may describe the essence of the minutes of the trial held in the absence of the accused and order that the evidence or part of the evidence be repeated.
Presence of counsel at the hearing
§ 434. Unless otherwise provided by this Act, the presence of a defense counsel at a trial shall be mandatory if the participation of a defense counsel in criminal proceedings is mandatory.
Court decisions
§ 449. (1)
e) ordering the accused to be present at the trial,
474
(2) The presence of the accused at the hearing is obligatory if the hearing is held by the court pursuant to Section 466 (1). In the case of Section 466 (1) e) , if the accused is in an unknown place, the meeting may be held in the absence of the accused.
499
(5) The presence of the prosecutor and the accused shall be mandatory at the preparatory hearing. If a defense counsel is involved in the proceedings, the preparatory meeting may not be held in the absence of the defense counsel.
500
2
(c) if he does not plead guilty to the charges against him, he may, at the preparatory hearing, present the facts on which his defense is based and the evidence thereof, and request that evidence be taken or that evidence be excluded;
§ 501. (1) If the accused does not appear at the preparatory hearing, the court shall take measures to ensure the appearance of the accused in accordance with the provisions of this Act.
(2) If the appearance of the unrepresented accused, defense counsel or prosecutor on the deadline of the preparatory hearing cannot be ensured within a reasonable time, the court shall adjourn the preparatory hearing and set a new deadline for the preparatory hearing within two months.
502
(4) The court shall appoint a lawyer and adjourn the preparatory hearing if the accused does not have an authorized lawyer and
506
(4) The accused and the defense counsel may present the facts on which the defense is based and the evidence thereof, as well as a motion for the taking of evidence and other procedural acts, as well as a motion for the exclusion of evidence.
514
(3) If the presence of the accused is mandatory at the trial and does not appear despite a proper summons, the court shall take measures to ensure the presence of the accused.
515
(5) If the participation of a defense counsel in criminal proceedings is not obligatory and the authorized defense counsel did not appear at the hearing, the hearing may be adjourned if:
(a) the accused person so requests; and
(b) the lawyer's notification was not lawful or it could not be established that it was lawful.
522
(4) The accused may, without disturbing the order of the hearing, consult with his defense counsel during the hearing, but during the hearing he may do so only with the permission of the single judge or the chairman of the council.
§ 523. (1) In addition to the warning of the accused, the single judge or the chairman of the council shall warn the accused that he may ask questions, make motions and remarks to the persons heard during the evidentiary proceedings. The warning also extends that if the accused does not testify, the substance of his previous testimony as a defendant may be explained or read out.
523
2. If, following the warning under paragraph 1, the accused wishes to testify, the single judge or the chairman of the panel shall ask the accused whether he or she pleads guilty.
(3) The accused may testify in connection with the accusation, including his defense.
526
(4) After the members of the court, the prosecutor, the accused, the defense counsel, the victim and, in the circle affecting him or her, the property interested person and the expert may, in that order, put questions to the witness.
530
2
b) the prosecutor, the accused, the defense counsel or the victim wishes to ask the expert a question,
the hearing shall be adjourned and the expert shall be summoned to the scheduled hearing.
section 600
(2) The victim and the appellant shall be notified of the hearing.
section 629
(2) The participation of a defense counsel in third-party court proceedings is mandatory. If the accused does not have a lawyer, the President of the Chamber shall appoint a lawyer immediately after the appeal reaches the court of third instance.
653
(3) The participation of a defense counsel in the review procedure is mandatory.
(4) The Curia shall appoint a lawyer if the accused does not have a lawyer and, if necessary, shall invite him to formulate a motion for review.
Duration of the investigation
§ 687. (1) The investigation shall be completed within one year from the interrogation of the juvenile suspect, if proceedings are pending against the juvenile for a criminal offense punishable by up to five years' imprisonment.
(2) If an investigation into an offense punishable by a term of imprisonment of more than five years is pending against a juvenile, his or her term shall not be extended beyond two years from the hearing of the suspect.
§ 693. (1) The presence of a juvenile at the preparatory meeting and at the hearing is obligatory.
The trial
§ 728. (1) In the event of being brought before a court, the participation of the defense counsel in the court proceedings is mandatory.
748
(2) If the absent accused does not have a lawyer, the prosecutor's office shall appoint a lawyer for him in the decision pursuant to subsection (1).
757
2
(c) the defendant's absence from the hearing and the proceedings does not adversely affect the interests of the proceedings, and
758
(3) The participation of a defense counsel in criminal proceedings is mandatory.
762
(4) The burden of proving the guilt of the accused shall be on the private prosecutor.
788
(2) The participation of a defense counsel in the supplementary private prosecution proceedings is obligatory.
§ 829. The participation of a defense counsel in criminal proceedings is mandatory.
Bringing a case to court
§ 835. (1) The prosecutor's office shall bring the accused to court within fifteen days from the commission of the criminal offense or from being questioned as a suspect.
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.