Viktor Bérces: Evidence in Criminal Proceedings
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Chapter XII. The evidentiary features of juridical proceedings in each of the special procedures
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12.6. The procedure for obtaining a summary judgement

12.6. The procedure for obtaining a summary judgement

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The regulatory purpose and method of this procedure is similar to that of a referral to the courts, as it offers the possibility of an accelerated solution of cases that are simple (i.e. do not require lengthy evidence).1 The basic feature of this scheme is that the court decides on the criminal liability of the accused, as a rule without a trial, on the basis of the case file,2 in the form of a simplified decision (summary judgment or punishment order).3

Jegyzet elhelyezéséhez, kérjük, lépj be.!

Within one month of receiving the case file, the court will examine whether it is necessary or possible to grant a summary judgement.4 If the conditions of the proceedings are met, the court shall, within that time limit, pronounce sentence,5 which shall otherwise be governed by the provisions applicable to the judgment,6 including, inter alia, the statement of reasons, the facts established, a reference to the charge and the conditions for the sentence, and an indication of the law applied.7 There is no right of appeal against the sentence.8

Jegyzet elhelyezéséhez, kérjük, lépj be.!

I would like to note that the rights of the accused appear to be impaired by the absence of a trial or direct evidence, but the Criminal Code compensates for this injustice by allowing the imposition of specific sanctions prescribed by law in summary judgement cases, which are obviously less severe for the accused.9 It is no coincidence that (1) the initiation of proceedings is subject solely to the decision of the court, and (2) the rules of this procedure contain specific provisions only for the court phase, while the investigation phase is governed by general rules.

Jegyzet elhelyezéséhez, kérjük, lépj be.!

Among the legal rules of this process, the following should be highlighted and explained:

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  1. The procedure can be applied not only on the basis of a prosecution motion, but also on the basis of an ex officio decision of the court.10 It should be noted that even if the statutory conditions are met, a prosecutor’s motion to initiate proceedings does not necessarily lead to the initiation of proceedings, since the court alone decides on the motion. The prosecution’s margin of manoeuvre for initiating such proceedings is therefore much smaller than that for bringing proceedings before the court (in the case of a court action, the prosecutor need only inform the court of his intention to initiate proceedings).
  2. General conjunctive conditions for the application of the procedure:
    • the penalty for the offence does not exceed three years’ imprisonment or, if the accused confesses, five years’ imprisonment;
    • the case is simple;
    • the defendant is at large or is being held in another case;
    • the purpose of the sentence can be achieved without a trial.
       

Jegyzet elhelyezéséhez, kérjük, lépj be.!

It is a guaranteed rule that, among others, the prosecution, the substitute private prosecutor,11 the accused and the defence may request a trial within eight days of service of the criminal judgment.12 If the summary judgment cannot be duly served, it shall be deemed to have been served as if the accused had filed a motion for a trial.13

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  1. Special rules for the preparation of the trial: the court holds a preparatory hearing according to the general rules:
    • the motion for a trial may be withdrawn by the petitioner before the start of the preparatory session; a motion for a trial filed in favour of the accused by another person may be withdrawn by the petitioner only with the consent of the accused, this provision does not apply to a motion of the prosecution;
    • the person who has initiated the hearing must be present at the preparatory meeting; if he or she does not appear at the preparatory meeting and does not excuse himself or herself without delay and with good reason, he or she shall be deemed to have withdrawn the motion; 14
    • before the start of the preparatory hearing, the court shall ask the petitioner whether he or she maintains his or her motion for a trial; if the defendant present at the preparatory hearing maintains the motion for a trial, the absence of the defendant shall not be considered as a withdrawal of the motion;15
    • the court invites the petitioner to supplement the motion for a trial if it cannot be established why he or she disagrees with the summary judgement.16
  2. The procedure:
    • after the start of the preparatory hearing, the court will present the merits of the summary judgment and the motion for a trial;
    • the court, at the preparatory hearing, will, as a rule, quash the summary judgement (there is no right of appeal against this order);
    • in the absence of an application against the accused, the court may impose a more severe sentence or measure if new evidence is brought to light at the trial and the court finds new facts which lead to the imposition of a more severe sentence or measure or a substantially more severe penalty or measure than the penalty or measure.17
 

Jegyzet elhelyezéséhez, kérjük, lépj be.!

Overall, I believe that in many cases these proceedings will not be initiated by the courts because they will not be able to decide on the basis of the existing case files and will in any case require the taking of evidence.
1 The main specificities are the right to initiate the procedure and the conditions of employment.
2 § 740 (1) para.
3 In criminal proceedings against juveniles, only a judge appointed by the President of the Juvenile Court may pronounce sentence, and a court clerk may not act in place of the judge concerned by the appointment (RO 2020.35.).
4 § 484 (1) para.
5 § 741 (1) para.
6 § 739 (2) para.
7 § 741 (4) para.
8 § 742 (1) para.
9 In criminal proceedings, the court may impose a) suspended imprisonment, community service, a fine, a prohibition from occupation, a prohibition from driving, an exclusionary order, a ban on attending sports events, or expulsion, b) reduction in rank, punitive discharge, and extension of the waiting period, or c) reparation, probation or reprimand.
10 However, the substitute private prosecutor may not move for the proceedings to be conducted [§ 817 (2) para.].
11 § 817 (3) para.
12 § 742 (2)–(4) para.
13 § 743 (2) para.
14 § 744 (1)–(3) para.
15 § 745 (1)–(2) para.
16 § 745 (3) para.
17 § 746 (1)–(5) para.
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