Viktor Bérces: Evidence in Criminal Proceedings
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Chapter VIII. The basic features of the Hungarian evidence system • The means of evidence in general
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8.8. Prohibitions on evidence
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8.8.5. Other prohibitions provided by law

8.8.5. Other prohibitions provided by law

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  1. instrumental examination of statements (e.g. polygraph examination) requires the consent of the witness or suspect;1
  2. the record must be signed by the prosecutor or investigating authority who carried out the procedural act and by the court reporter, and all pages of the record must be signed by the suspect, the witness and the interpreter, and if the suspect refuses to sign, the fact of refusal and the reasons given or known for it must be indicated in the record;2 if these formalities are not respected, the record cannot be used as documentary evidence;
  3. statements made by the accused, witnesses and victims to the expert concerning data relating to the subject of the investigation, the investigation procedures and instruments or changes in the subject of the investigation, or concerning the act on which the proceedings are based, shall not be admissible as evidence;3
  4. communications or dispatches between the accused and the defence counsel, notes of the defence counsel relating to the case, communications or dispatches between the accused and the person entitled to refuse to testify, or means of evidence the contents of which may be relied on to refuse to testify, may not be seized if they are kept by the person entitled to refuse to testify;4
  5. the testimonial warning and the witness’s reply to the warning must be recorded; in the absence of such a warning or reply to the warning, the witness’s statement may not, as a general rule, be taken into account as evidence;5
  6. if the preparatory procedure is terminated, the data obtained during the preparatory procedure may not be used as evidence in criminal proceedings;6
  7. the statements made by the suspect and the victim during the mediation cannot be used as evidence in the case;7
  8. if no agreement has been reached between the prosecution and the accused, the initiative and the case file generated in connection with it may not be used as evidence or means of proof; in this case, the prosecution may not inform the court of the initiative to conclude the agreement or submit the case file generated in connection with it to the court;8
  9. the body authorised to use discreet means must not communicate false or misleading information to the person concerned
    • during the questioning of an accused person or witness or during an act of evidence;
    • such information must not: (1) contain a promise that is not in accordance with the law (2) constitute a threat or incitement (3) lead the person concerned to commit a more serious offence than that which he or she originally intended to commit;9
  10. the use of disguised means subject to authorisation by the prosecutor
    • a cooperation agreement may not be concluded with the debtor if he or she is to be prosecuted for an offence by which he or she intentionally caused the death of another person or intentionally caused permanent disability or serious impairment of health; and this agreement must be terminated if the body authorised to use disguised means becomes aware that the person providing the information has committed such an offence;10
    • if the prosecution rejects a request for ex post authorisation of such means, the results of such means shall not be used as evidence and the data thus obtained shall be deleted immediately;11
  11. among the instruments disclosed for judicial authorisation, the court shall withdraw its authorisation if
    • the body authorised to use disguised instruments fails to provide the data within the time limit laid down in the Regulation;
    • the licence limits have been exceeded, or
    • the disclosed means have been used in violation of the provision on the application set out in the CPC;12 in this case, the data obtained by the disclosed means prohibited shall be deleted immediately;13
  12. the result of the use of a disguised instrument subject to judicial authorisation cannot be used as evidence if
    • the person concerned is a person acting in a protective capacity or a relative who is not suspected of having committed the offence or is not suspected of having had criminal contact with the person concerned;14
    • the person designated in the authorisation is (1) a clerical person bound by confidentiality (2) a person bound by confidentiality15 (3) a person who may refuse to testify by reason of his or her profession or public trust;16
  13. the results of the collection of secret information under the provisions of the Act on National Security Services, subject to external authorisation, may be used in criminal proceedings if
    • it is intended to be used to prove an offence for which the use of a disguised instrument subject to judicial authorisation under the CPC may be possible, and
    • after obtaining the data to be used in criminal proceedings, the national security service or the police counter-terrorism body collecting the classified information has initiated criminal proceedings no later than thirty days after obtaining the data to be used in criminal proceedings.17
1 § 212 (1) para.
2 § 360 (3)–(4) para.
3 § 196 (3) para.
4 § 310 (1)–(2) para.
5 § 177 (1) para.
6 § 346 (2) para.
7 § 414 (3) para.
8 § 409 (4) para.
9 § 215 (7) para.
10 § 219 (2) para.
11 § 229 (5) para.
12 § 242 (3) para.
13 § 242 (5) para.
14 § 254 (1) para.
15 In the latter case, an exception is made if the person entitled to it (“the owner of the secret”) grants a waiver of the obligation of confidentiality.
16 unless a) the person concerned has been heard as a witness and has testified to information covered by the obligation of professional secrecy, b) the person concerned has been informed of the confidentiality of the information in question, c) the information is not covered by Article 173. § 173, the person concerned has been released by the person entitled to do so or the transmission of the data subject to the obligation of confidentiality is mandatory for the organisation requested in the context of the data request, or d) the court has ordered the media content provider and the person employed or otherwise engaged by him/her to disclose the identity of the person who has provided him/her with information in connection with the media content provider’s activities [254 § (3)].
17 § 260 (1) para.
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