Questionnaire Hungary
I.43 Who must consent to the agreement?
The waiver of the trial shows elements of such a
procedure. The consent of the defendant is necessary and he has to make a full
confession. But he has not got a right for this special procedure; it is up to
the prosecutor whether he brings the case to the court in the ordinary way or
opts for the waiver of trial procedure. They both have to agree to use this special
instrument.
If the judge accepts the defendant’s confession and statement on waiving his right of trial, he immediately passes a sentence. The advantage for the accused in this procedure is the reduced upper limits of the punishment and for the criminal justice system, the main benefit is the saving of time and work.
If the judge accepts the defendant’s confession and statement on waiving his right of trial, he immediately passes a sentence. The advantage for the accused in this procedure is the reduced upper limits of the punishment and for the criminal justice system, the main benefit is the saving of time and work.
