Mr Péter Polt Prosecutor General of Hungary

1. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Mr Péter Polt Prosecutor General of Hungary Link to the explanations in English

2. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Characteristics of Rec (2000)19 • Dynamic approach • Identifying major guiding principles • Practical objectives • Stability and predictability v. continuous development

3. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE „External” Independence • HU: relationship to the Parliament is the most important aspect • PG elected by the Parliament, reports yearly to the Parliament, MPs may ask questions • Interpellations of the PG by MPs raised serious constitutional questions • Constitutional Court Decision No. 3/2004: PG is not politically accountable to the Parliament • Interpellation of the PG by MPs was abolished by an amendment of the Constitution in autumn 2010

4. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE „Internal” Independence HU legislation meets the requirements of Recommendation 10: • Prosecutors are obliged to execute the instructions of the PG or their superiors. • Upon the request of the prosecutor concerned, the instruction should be put in writing. • If the prosecutor believes that an instruction is either illegal or runs counter his conscience, he may request the re-assignment of the case. The request cannot be refused.

5. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Impartiality Hungarian Criminal Procedure Code: • Mandatory and discretional grounds for exclusion • The prosecutor effected shall immediately notify his superior • Grounds for exclusion may also be reported by the defendant, the defence counsel, the victim, the private party etc. • Decision on exclusion is made by the head of the prosecutor’s office

6. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Objectivity Hungarian Criminal Procedure Code: • Prosecutor is obliged to consider both aggravating and extenuating circumstances • The court and the prosecutor may freely weight each piece of evidence separately • The facts of the case should be clarified as much as possible • The termination of investigation by the prosecutor may be challenged by the victim • In cases specified by law, the victim may act as substitute private accuser

7. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Recommendation 28, The Fruit of the Poisonous Tree • The Hungarian Criminal Procedure Code contains a very similar provision • The real question is the „over effect” of the unlawfully obtained evidence • ECHR case-law: it is for the national courts to assess evidence before them • Examination on a case-by-case basis v. minimum standards

8. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Human Rights • Importance of ECHR jurisdiction, e.g. Valenzula Contreras v ES (wiretapping) and Teixeira de Castro v PT (undercover agents) • Role of the ECHR in harmonising European criminal law systems • European Convention on Human Rights as a „living isntrument” → Rec(2000)19 is also a living one • The Hungarian Prosecution Service is following European human rights trends, case-law and legislation, in case of inconsistency with the national law the PG initiates legislation

9. 10TH ANNIVERSARY CELEBRATION OF RECOMMENDATION REC(2000)19 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE Thank you for your attention!