Questionnaire Hungary
I.11 In which cases?
The prosecutor may be involved in the investigation
from its start in all cases.
When the investigating authority conducts an investigation or certain investigative actions independently, the prosecutor shall supervise compliance with the CCP throughout the procedure and ensure that the persons participating in the procedure can assert their rights. The prosecutor:
- may order an investigation, assign the investigating authority to conduct the investigation, and may instruct the investigating authority to perform – within its own geographical jurisdiction – further investigative actions or further investigation, or to conclude the investigation within the deadline designated by the prosecutor;
- may be present at the investigative actions, and may examine or send for the documents produced during the investigation;
- may amend or repeal the decision of the investigating authority, and shall consider the complaints received against the decision of the investigating authority;
- may reject the complaint, terminate the investigation and order the investigating authority to terminate the investigation; and
- may refer the proceedings in his own competence.
In practice, the ordinary cases investigated by the police independently are sent to the prosecutor only on conclusion of the investigation unless there are any circumstances necessitating the prosecutor’s involvement (e.g. if the deadline of the investigation has to be extended or a complaint has been launched against the decision of the police).
According to the principle of legality the police have to investigate every criminal offence and report them all to the prosecution service. So the prosecutor may not set priorities which offences to report him.
When the investigating authority conducts an investigation or certain investigative actions independently, the prosecutor shall supervise compliance with the CCP throughout the procedure and ensure that the persons participating in the procedure can assert their rights. The prosecutor:
- may order an investigation, assign the investigating authority to conduct the investigation, and may instruct the investigating authority to perform – within its own geographical jurisdiction – further investigative actions or further investigation, or to conclude the investigation within the deadline designated by the prosecutor;
- may be present at the investigative actions, and may examine or send for the documents produced during the investigation;
- may amend or repeal the decision of the investigating authority, and shall consider the complaints received against the decision of the investigating authority;
- may reject the complaint, terminate the investigation and order the investigating authority to terminate the investigation; and
- may refer the proceedings in his own competence.
In practice, the ordinary cases investigated by the police independently are sent to the prosecutor only on conclusion of the investigation unless there are any circumstances necessitating the prosecutor’s involvement (e.g. if the deadline of the investigation has to be extended or a complaint has been launched against the decision of the police).
According to the principle of legality the police have to investigate every criminal offence and report them all to the prosecution service. So the prosecutor may not set priorities which offences to report him.
