Viktor Bérces: Evidence in Criminal Proceedings
›
Chapter V. The Anglo-Saxon system of evidence today
›
5.2. Specialities of the English system
›
5.2.2. Possible ways in which the investigation phase can proceed

5.2.2. Possible ways in which the investigation phase can proceed

Jegyzet elhelyezéséhez, kérjük, lépj be.!

  1. Once the procedure has been opened, the following procedural steps are possible:
    • the police file a complaint with the court, requesting that a summons be issued against the defendant (which is usually issued);
    • the police take the suspect into custody and charge him or her with the offence in writing; they then either maintain custody until the start of the court proceedings or release him or her on “police bail”, with a date and place for his or her mandatory appearance in court;
    • the police file a notice with the court requesting a warrant of arrest. 1
  2. If the accused is “formally released on bail”, there is no court proceeding, but the police issue a document to record the offence, which is taken into account by the courts as an aggravating factor in the event of a new offence. This practice occurs in about 20 % of cases and its basic content and form is regulated only by a circular of the Ministry of the Interior (in the case of juveniles it is called “reprimand” or “cover-up”).
  3. A non-indictment may be granted for an offence that the accused admits to committing, but which is not relevant to the prosecution in relation to the other offences he or she committed. 2
  4. If the procedure is terminated, the police will not carry out any further investigative measures because they do not consider the suspected act feasible or the identity of the perpetrator provable.
  5. The termination of proceedings is also possible with an obligation to pay compensation, but only for certain offences, where the competent authorities can decide. For example, in the case of tax fraud, the Tax Administration regularly makes a settlement with the suspect; while in the case of traffic offences, the police can issue a “fixed penalty notice”, which has the legal effect of terminating proceedings if the fine is paid, etc.
1 This is most often done in the case of suspects who obstruct the investigation.
2 This is also a familiar construction in the Hungarian system.
chevron_left
chevron_right
Tartalomjegyzék navigate_next
Keresés a kiadványban navigate_next
A kereséshez, kérjük, lépj be!
Könyvjelzőim navigate_next
A könyvjelzők használatához
be kell jelentkezned.
Jegyzeteim navigate_next
Jegyzetek létrehozásához
be kell jelentkezned.
    Kiemeléseim navigate_next
    Mutasd a szövegben:
    Szűrés:
    Kiemelések létrehozásához
    MeRSZ+ előfizetés szükséges.
      Útmutató elindítása
      delete
      Kivonat
      fullscreenclose
      printsave