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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12.9. Proceeding against an absent defendant
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12.9.1. Proceeding in the absence of a defendant staying abroad

12.9.1. Proceeding in the absence of a defendant staying abroad

Jegyzet elhelyezéséhez, kérjük, lépj be.!

In a proceeding conducted in the absence of a defendant staying abroad, the provisions of the CPC shall apply subject to the derogations laid down in Chapter CII on proceeding in the absence of a defendant staying abroad. A proceeding may be conducted in the absence of a defendant or a person reasonably suspected of having committed a criminal offence staying abroad at a known location if

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  • a European or international arrest warrant may not be issued, or it was not issued because in the indictment document, the prosecution service did not move for imposing imprisonment to be served or applying special education in a juvenile correctional institution, and (1) the defendant or the person reasonably suspected of having committed a criminal offence failed to appear despite being duly summoned, or (2) the defendant or the person reasonably suspected of having committed a criminal offence is detained in another country,
  • a European or international arrest warrant was issued, but neither the defendant or the a person reasonably suspected of having committed a criminal offence is surrendered or extradited within twelve months after his apprehension, nor the criminal proceeding is transferred,
  • a European or international arrest warrant was issued, but the surrender or extradition of the defendant or the person reasonably suspected of having committed a criminal offence was refused, and the criminal proceeding was not transferred,
  • a European or international arrest warrant was issued, and the surrender or extradition of the defendant or the person reasonably suspected of having committed a criminal offence was ordered to be postponed.
 

Jegyzet elhelyezéséhez, kérjük, lépj be.!

Even if these conditions are met, a proceeding may not be conducted in the absence of a defendant or person reasonably suspected of having committed a criminal offence staying abroad, unless (1) it is justified by the material gravity or the criminal offence or the evaluation of the case, and (2) the participation or attendance of the defendant or the person reasonably suspected of having committed a criminal offence in the proceeding or a procedural act cannot be ensured by issuing a request for international legal assistance in a criminal matter or using a telecommunication device, or the application of any of these methods is not justified by the material gravity of the criminal offence or the evaluation of the case.1

Jegyzet elhelyezéséhez, kérjük, lépj be.!

If it is established after the indictment that a defendant is staying abroad, and that these conditions are met, the proceeding court shall notify the prosecution service accordingly. A single judge or the chair of a panel shall suspend a proceeding, unless a motion to proceed in the absence of a defendant is filed by the prosecution service within fifteen days after receipt of a notification. The suspension of a proceeding shall not be an obstacle for the prosecution service to filing a motion subsequently. If it is established after the indictment that an absent defendant is staying abroad, and these conditions are met, the proceeding court shall continue its proceeding without notifying the prosecution service. If a defendant is detained in another country, after the indictment, the proceeding may be conducted against the defendant staying abroad only with consent from the defendant concerned. If the defendant does not consent to conducting the proceeding, the court shall suspend the proceeding.2
1 CPC 755. §
2 CPC 756. §
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