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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12.7. The judicial phase of private prosecutions
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12.7.2. Special rules governing the trial at first instance

12.7.2. Special rules governing the trial at first instance

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  1. There is no need to hold a preparatory hearing: this rule is in any case justified, since the personal hearing will clarify all the questions of fact and law that would be examined during this legal action.
  2. The presence of the private accuser is mandatory (if the private accuser has a representative, the court will notify him/her of the hearing). The court will also inform the private accuser or his/her representative, together with the summons or notification, of the evidence it intends to take on the deadline date.
  3. The private prosecutor may drop the charge at any time, without having to give reasons for his decision. The private prosecutor shall be deemed to have dropped the charge if he (1) fails to appear at the hearing without provided a well-grounded excuse in advance and without delay or becomes unavailable; (2) due to his or her own fault, appears in a condition rendering him or her unfit for interrogation, is unable to perform his or her procedural obligations, or (3) leaves the place of procedural act without permission.1
  4. The course of the trial involves the following:
    • the court shall state the merits of the charge or countercharge, whether the private prosecutor is not represented or is not present, or whether the accused is not defended;
    • the court interrogates the accused and the witness or hears the expert (if it is necessary to examine the private accuser as a witness, the evidentiary procedure starts with the examination of the private accuser);
    • if the court establishes, after the speeches addresses and last words are delivered, that the act charged may be classified as a different charge, it may adjourn the trial in order to prepare the defence and hear the private prosecutor.
 

Jegyzet elhelyezéséhez, kérjük, lépj be.!

If the court gives a judgment of acquittal, it is usually based on lack of evidence. The facts of private prosecution cases are usually simple, so that it is rarely possible to establish that no crime has been committed. On the other hand, the legal consequences of a false accusation also apply to false reports.

Jegyzet elhelyezéséhez, kérjük, lépj be.!

In other cases, the court shall send the complaint and the case file to the prosecution if, based on new facts and circumstances that emerged during the personal hearing or the trial, (1) it appears that a criminal offence has been committed for which the prosecution is representing the case, or (2) it deems it necessary for the prosecution to consider taking over the representation of the case.2

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The rules for an appeal by a private accuser: (1) it may only be lodged against the accused; (2) it must be accompanied by a written statement of grounds and (3) the court of first instance must inform the accused and the defence of its submission.3
1 § 773 (1) –(5) para.
2 775–775/A. §§
3 The substantive rules of procedure of the court of appeal: a) The private accuser shall be summoned to the hearing and, if the private accuser has a representative, the court shall notify him or her. b) The appeal shall be deemed to be withdrawn if the private accuser (1) fails to appear at the hearing and fails to excuse himself or herself immediately in advance or becomes unavailable; (2) appears through no fault of his or her own in a condition that he or she cannot be heard, is unable to comply with his or her procedural obligations, or (3)hiányzik. c) The court of second instance shall set aside the judgment of the court of first instance in a deliberation session and terminate the proceedings if the private prosecutor so requests pending the final decision. d) The private prosecutor has the right to appeal against the final decision of the court of second instance to the court of third instance. (I will not deal with this issue, however, as there is no evidence in third instance proceedings.)
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