Questionnaire Hungary
I.39 Who standardises the formulation of the charge for (certain) crimes?
The CCP defines the elements of the indictment
which should contain the following:
- the personal data of the accused;
- the description of the act being the subject of the indictment;
- the classification of the subject of the indictment according to the Penal Code;
- the existence of the condition required to launch the procedure under separate legal regulations (private motion, complaint, request, suspension of the right to immunity or privilege, consent to launching criminal proceedings);
- the legal regulations pertaining to the competence and jurisdiction of the court, as well as reference to the rules concerning the competence and jurisdiction of the prosecutor filing the indictment;
- a proposal for imposing a punishment or applying a measure, if the prosecutor does not attend the hearing;
- the civil claims announced and other motions;
- a proposal concerning the persons to be summoned to the hearing and the persons to be notified thereof;
- description of the means of evidence as well as the facts they prove; and
- a proposal for the order of taking evidence at the hearing.
- the personal data of the accused;
- the description of the act being the subject of the indictment;
- the classification of the subject of the indictment according to the Penal Code;
- the existence of the condition required to launch the procedure under separate legal regulations (private motion, complaint, request, suspension of the right to immunity or privilege, consent to launching criminal proceedings);
- the legal regulations pertaining to the competence and jurisdiction of the court, as well as reference to the rules concerning the competence and jurisdiction of the prosecutor filing the indictment;
- a proposal for imposing a punishment or applying a measure, if the prosecutor does not attend the hearing;
- the civil claims announced and other motions;
- a proposal concerning the persons to be summoned to the hearing and the persons to be notified thereof;
- description of the means of evidence as well as the facts they prove; and
- a proposal for the order of taking evidence at the hearing.
