An aggrieved party may act as a substitute private prosecuting if (1) the crime report was dismissed by the prosecution service or the investigating authority, (2) the proceeding was terminated by the prosecution service or the investigating authority, (3) the prosecution service abandoned the indictment.

 

Legal representation shall be mandatory for the aggrieved party in a substitute private prosecution proceeding. The participation of a defence counsel in a substitute private prosecution proceeding shall be mandatory. In a substitute private prosecution proceeding, the aggrieved party may file a civil claim in the motion for prosecution at the latest. In a substitute private prosecution proceeding, a mediation procedure may be in order if the prosecution service took over the representation of the prosecution. If there is more than one aggrieved party in a case, the party acting as the substitute private prosecuting party shall be agreed on by the aggrieved parties. In the absence of an agreement, the party acting as the substitute private prosecuting party shall be designated by the court. For the purposes of this Act, ‘indictment document’ shall also mean a motion for prosecution that is accepted by the court.2

 

If a crime report is dismissed, the aggrieved party may act as a substitute private prosecuting party, provided that (1) the crime report filed by the aggrieved party is dismissed by the prosecution service or the investigating authority, (2) the aggrieved party filed a complaint against the decision on dismissing his crime report, and that complaint is dismissed by the prosecution service, and (3) no ground for exclusion is specified. If the proceeding is terminated, the aggrieved party may act as a substitute private prosecuting party, provided that

 

If the aggrieved party may act as a substitute private prosecuting party, the aggrieved party may take action as a substitute private prosecuting party within two months after the decision on dismissing his complaint is communicated. After the dismissal of his complaint, the aggrieved party shall be allowed to inspect the case documents pertaining to the criminal offence committed against him. The aggrieved party may not inspect case documents that are kept separate from other case documents and handled confidentially.5

 

The aggrieved party may file the motion for prosecution again within fifteen days after receipt of the non-conclusive order on dismissing the motion for prosecution, provided that it was previously dismissed by the court and the ground for dismissal does not exist any longer. The court may not dismiss the motion for prosecution on the ground that it does not include all the personal data specified in CPC of the defendant, and such data may not be established from the case documents either, provided that the defendant may be identified beyond a reasonable doubt even in the absence of such data. If any data discovered during the examination of the motion for prosecution suggests that the defendant has immunity, the court shall first consider if any other ground for dismissing the motion for prosecution under CPC exists. If there is no ground for dismissing the motion for prosecution under CPC, the court shall request a decision from the entity authorised to lift the immunity without suspending the proceeding. If the entity authorised to lift the immunity lifts the immunity, the court shall accept the motion for prosecution. Otherwise, the court shall dismiss the motion for prosecution.8

 

If taking action as a substitute private prosecuting party is based on the termination of the proceeding, the defendant and the defence counsel, after the motion for prosecution is accepted, shall be eligible to inspect the case documents of the investigation and the means of evidence. If the defendant used a language other than the Hungarian language in the proceeding, the court shall make arrangements to have the parts of the motion for prosecution pertaining to the defendant translated into the language used during the proceeding.9

 

If the prosecution service abandoned the indictment, the aggrieved party may take action as a substitute private prosecuting party, provided that the grounds for exclusion are specified in CPC. The aggrieved party may take action as a substitute private prosecuting party within fifteen days after receipt of the statement specified in CPC. After the abandonment of the indictment, the aggrieved party shall be allowed to inspect the case documents pertaining to the criminal offence committed against him. The aggrieved party may not inspect case documents that are kept separate from other case documents and handled confidentially.10

 

If the aggrieved party intends to take action as a substitute private prosecuting party, he shall submit a written notice to the court proceeding in his case that he intends to represent the prosecution as a substitute private prosecuting party as regards the indictment abandoned by the prosecution service. The written notice shall be signed by also the legal representative, or he shall affix to it his qualified electronic signature, or advanced electronic signature based on a qualified certificate.12

 

The attendance of the substitute private prosecuting party and his legal representative at the preparatory session shall be mandatory. If the legal representative of the substitute private prosecuting party fails to appear at the preparatory session without providing a well-grounded excuse in advance and without delay, the court shall postpone the preparatory session at the expense of the legal representative and may impose a disciplinary fine on the legal representative. The court shall advise the legal representative of this provision in the summons. If the substitute private prosecuting party

the substitute private prosecuting party shall be deemed to have abandoned the indictment. The substitute private prosecuting party shall be advised of this provision in the summons. A substitute private prosecuting party may not be expelled or removed from a preparatory session even in the event of repeated or gravely disruptive conduct. If the substitute private prosecuting party does not cease his disruptive conduct and, by his conduct, he makes it impossible to continue the preparatory session in his presence, he shall be deemed to have abandoned the indictment. During the preparatory session, members of the court, the accused, and the defence counsel may ask questions from the substitute private prosecuting party.15

 

Unless otherwise provided in this Act, the substitute private prosecuting party may exercise the rights of an aggrieved party and the prosecution service, and he shall carry out the tasks of the prosecution service during the court procedure, including filing a motion for ordering any coercive measure affecting the personal freedom of the defendant or for issuing an arrest warrant. A substitute private prosecuting party may not file a motion for terminating the parental custody rights of an accused and may not extend the indictment.16

the substitute private prosecuting party shall be deemed to have abandoned the indictment. The substitute private prosecuting party shall be advised of this provision in the summons. If legal representation of the substitute private prosecuting party is terminated during the proceeding, the court shall invite the substitute private prosecuting party, within eight days of becoming aware of such termination, to arrange for his legal representation within fifteen days. If the substitute private prosecuting party fails to arrange for his legal representation within the set time limit, the substitute private prosecuting party shall be deemed to have abandoned the indictment and the proceeding shall be terminated. The substitute private prosecuting party shall be advised of this provision. The substitute private prosecuting party may file an application for legal aid within eight days calculated from the invitation referred to in CPC.17

 

The substitute private prosecuting party and, with the consent of the substitute private prosecuting party, his legal representative shall be entitled to file an appeal against the judgment of the court of first instance. If a substitute private prosecuting party represents the prosecution when the appeal is submitted, the statements for legal remedy may be made in the following order: statement by the substitute private prosecuting party, the civil party, other interested party, the accused, and the defence counsel. A substitute private prosecuting party may file an appeal only to the detriment of the accused. The court of first instance shall notify the accused and the defence counsel about any appeal filed by the substitute private prosecuting party pursuant to CPC. A substitute private prosecuting party shall provide a written statement of reasons for his appeal. If a substitute private prosecuting party represents the prosecution when the appeal is submitted, the court of first instance shall forward the case documents to the court of second instance directly. The court shall send a final and binding conclusive decision passed in a substitute private prosecution proceeding also to the prosecution service that proceeded in the case previously.23

 

The court of second instance shall summon the substitute private prosecuting party and his legal representative to the trial. If the substitute private prosecuting party

the substitute private prosecuting party shall be deemed to have withdrawn his appeal. The substitute private prosecuting party shall be advised of this provision in the summons. The substitute private prosecuting party may not be expelled or removed from a trial even in the event of repeated or gravely disruptive conduct. If the substitute private prosecuting party does not cease his disruptive conduct and, by his conduct, he makes it impossible to continue the trial in his presence, he shall be deemed to have withdrawn his appeal. The substitute private prosecuting party and, with the consent of the substitute private prosecuting party, his legal representative shall be eligible to file an appeal against the conclusive decision of the court of second instance to the court of third instance. A substitute private prosecuting party may file an appeal only to the detriment of the accused. If the substitute private prosecuting party did not submit an appeal to the detriment of the accused against the conclusive decision of the court of first instance, he may not submit an appeal against the conclusive decision of the court of second instance, unless the accused is acquitted or the proceeding is terminated. The substitute private prosecuting party shall provide a written statement of reasons for his appeal. The statement of reasons shall be filed with the court of second instance within the time limit open for appeals. If a substitute private prosecuting party represents the prosecution when the appeal is submitted, the chair of the panel of the court of second instance shall forward the case documents to the court of third instance directly.24

 

If no appeal was submitted to the detriment of the accused against the judgment, the substitute private prosecuting party may motion the court to set a public session. The court of third instance shall summon the substitute private prosecuting party and his legal representative to the public session.25

 

The substitute private prosecuting party shall be eligible to submit an appeal against an order on setting aside by the court of second or third instance, unless he submitted an appeal against setting aside the judgment and instructing the court to conduct a new proceeding, and the judgment was set aside for a reason stated in the appeal.26

 

If the accused was acquitted or the proceedings against the accused were terminated by the court, the substitute private prosecuting party shall bear the costs, from among the criminal costs specified in CPC, that were incurred after the substitute private prosecuting party took action. If a substitute private prosecuting party represented the prosecution and the accused was acquitted, in a situation other than that specified in the CPC, or the proceedings against the accused were terminated by the court because the substitute private prosecuting party abandoned the indictment, the substitute private prosecuting party shall reimburse the fee and costs of the authorised defence counsel of the accused that were incurred after the substitute private prosecuting party took action, up to the amount specified by law, within one month after the conclusive decision becomes final and binding. The substitute private prosecuting party may be obliged to bear only the criminal costs that are related to that act or those elements of the facts of the case, and to reimburse only that part of the fees and costs referred to in the CPC, regarding which he filed a motion for prosecution or submitted a written notice and the court passed a judgment of acquittal, with the exception of the situation specified in the CPC, or terminated the proceeding. The court of second instance shall oblige the substitute private prosecuting party to bear the criminal costs, and the fee and costs specified in the CPC, that were incurred in the second instance proceeding if only the substitute private prosecuting party filed an appeal against the decision of the court of first instance, and the court of second instance upheld the. The court of third instance shall oblige the substitute private prosecuting party to bear the criminal costs, and the fee and costs specified in the CPC, that were incurred in the third instance proceeding if only the substitute private prosecuting party filed an appeal against the decision of the court of second instance, and the court of third instance upheld the decision.27

 

A substitute private prosecuting party may file a motion for retrial only if the defendant was acquitted or the proceeding was terminated for a reason other than the abandonment of the indictment. The motion for retrial shall be filed with, or recorded in minutes at the court that is authorised to decide on the possibility of granting a retrial.28

 

A substitute private prosecuting party may not conduct an immediate summary procedure against an accused. A substitute private prosecuting party may not file a motion for conducting a procedure for passing a punishment order. In a proceeding for passing a punishment order,

 

A substitute private prosecuting party may not move for a court proceeding to be conducted against an absent defendant or in the absence of a defendant staying abroad. The substitute private prosecuting party may not file a motion for conducting a special proceeding.31