For anyone facing criminal proceedings for the first time – as a suspect, a defendant or a relative – one of the hardest things is the uncertainty: what happens next, how long will it last and when can anything still be changed? Below, in question-and-answer form, we walk through the stages of criminal proceedings in Hungary, from the complaint to the final judgment. The article is based on the Hungarian Code of Criminal Procedure (Act XC of 2017).
In brief: the stages of criminal proceedings
- Investigation – the police, the National Tax and Customs Administration or the prosecution gathers evidence; it has two phases, detection and examination.
- Prosecutorial decision – indictment, deferral of indictment, mediation, an agreement on the admission of guilt, or termination of the proceedings.
- Preparatory hearing – the first appearance before the court, where the defendant states whether they plead guilty.
- Trial and first-instance judgment – taking of evidence, closing speeches and the judgment.
- Appeal – second-instance (and, where applicable, third-instance) proceedings, after which the judgment becomes final.
- Extraordinary remedies – review and retrial after the final judgment.
Investigation
How do criminal proceedings start?
Most often with a criminal complaint, but the authorities may also act on their own initiative if they become aware of a suspected offence (for example during an on-the-spot measure, an inspection or another case). The person concerned often learns about the proceedings only when they receive a summons or are taken to the police station.
Who conducts the investigation?
In the vast majority of cases the police; in tax and customs matters and certain economic offences, the National Tax and Customs Administration (NAV). In some cases (for example offences committed by public officials) the prosecution investigates itself. The work of the investigating authority is always supervised or directed by the prosecution.
What is the difference between detection and examination?
The investigation has two phases. Detection aims to establish whether an offence was committed and who may have committed it. It ends when someone is informed of the suspicion and questioned as a suspect. From then on, the examination phase begins, in which the authority gathers and organises the evidence against the suspect so that the prosecutor can decide on indictment.
What happens at the suspect interview?
The authority informs the suspect of the act they are suspected of and advises them of their rights. Most importantly, the suspect is not obliged to give a statement; silence cannot be held against them and they may change their mind at any time. They have the right to instruct a defence lawyer, and the authority appoints one if defence is mandatory. In our experience, what is said at the first interview can shape the entire case, so it is advisable to consult a defence lawyer before making a statement.
How long can the investigation take?
The law limits the duration of the examination phase from the date the suspicion is communicated: as a rule one year, which can be extended with the prosecutor’s permission. Detection is not subject to such a strict limit, but in simpler cases the investigation may be completed within a few months. Complex economic cases or cases with many suspects may take years.
Can I see the investigation file?
The suspect and the defence lawyer may inspect certain documents during the investigation (for example the record of the suspect’s own interview and expert opinions), but the full file is usually made available when the examination phase ends. At that point motions for further evidence can be made – asking for a new witness to be heard or an expert to be appointed – which makes this one of the key moments of the defence.
Can I be taken into custody or arrested during the investigation?
Yes. Custody may last no longer than 72 hours, during which the court must decide whether to order pre-trial detention or a less restrictive measure (criminal supervision, a restraining order). We have written about this in detail here: Custody and pre-trial detention – defence lawyer 24/7.
Prosecution stage
What can the prosecutor decide after the investigation?
On the basis of the file, the prosecutor may decide in several ways:
- bring an indictment and take the case to court,
- defer the indictment – the accused must comply with certain rules of conduct for a set period; if this period passes successfully, the proceedings are terminated,
- refer the case to mediation, if the victim and the accused can agree on reparation,
- conclude an agreement with the accused on the admission of guilt, setting out the penalty in advance,
- terminate the proceedings, for example if the offence cannot be proven.
Not every case has to end in a courtroom: a well-prepared defence may achieve a resolution without indictment already at this stage.
What is an agreement on the admission of guilt?
The accused and the prosecutor – with the mandatory participation of defence counsel – may agree that the accused admits guilt, and in return the agreement specifies the penalty or its range. The court examines the agreement at the preparatory hearing and, if it approves it, decides accordingly. It can be a quick and predictable solution, but it is only worthwhile if the evidence really is strong – this must be assessed together with the defence lawyer before any agreement.
Court stage
What is the preparatory hearing and why does it matter?
After the indictment, the court holds a preparatory hearing at which the defendant is asked whether they admit guilt as charged. If they do and the court accepts the admission, it may deliver a judgment at the same hearing, and the admission is a significant mitigating factor. If the defendant does not admit guilt, this is also when motions for evidence must be submitted. Statements made at the preparatory hearing carry great weight, so this hearing must be prepared for in advance together with the defence lawyer.
How does the trial work?
At the trial the prosecutor presents the charges, then the court questions the defendant (who may again refuse to testify), hears witnesses and experts and examines documents and recordings. At the end of the evidentiary stage come the closing speeches: the prosecutor’s and the defence lawyer’s. The defendant has the right to the last word. The court then delivers its judgment: it finds the defendant guilty and imposes a penalty or measure, or acquits.
Can a case be closed without a trial?
In less serious cases, yes: on the prosecutor’s motion the court may decide on the basis of the file without holding a trial (penal order). If the accused or the defence lawyer disagrees, they may request a trial. In our experience it is worth checking even in such cases whether the sanction imposed is truly proportionate.
Appeal and final judgment
How and within what time limit can I appeal?
The defendant, the defence lawyer and the prosecutor may all appeal against the first-instance judgment. The appeal may be lodged immediately after the judgment is announced or – if the person reserves time to consider – within three working days. The defence lawyer then sets out the detailed grounds of appeal in writing.
Can I receive a harsher sentence if I appeal?
If only the defendant or the defence lawyer appeals in the defendant’s favour, the second-instance court may not increase the penalty (prohibition of reformatio in peius). If the prosecutor also appeals against the defendant, the penalty may be harsher. This is why the decision to appeal should always be made in light of the prosecutor’s position.
Who decides at second instance, and is there a third instance?
Judgments of district courts are reviewed by the regional court (törvényszék); first-instance judgments of the regional court are reviewed by the regional court of appeal (ítélőtábla). Third-instance proceedings take place only exceptionally, mainly where the second-instance court reaches a different decision on guilt from the first-instance court (for example it convicts a defendant who was acquitted at first instance). If there is no further appeal, the judgment becomes final and enforceable.
Is there anything left after the final judgment?
Yes, but within narrow limits. A petition for review may be submitted to the Kúria (Hungary’s supreme court) in the event of a serious procedural or substantive breach of law. Retrial is possible if new evidence emerges that makes the defendant’s acquittal or a substantially more lenient assessment likely. As a last resort, a constitutional complaint may also be considered.
Practical questions
How long do criminal proceedings take in total?
There is no general answer. A simple drink-driving case may be closed within months, even without a trial. A case involving several defendants or economic or violent offences may take several years from investigation to final judgment. The length of the proceedings depends above all on the scope of evidence, expert examinations and the number of appeals.
At what stage should I instruct a defence lawyer?
As early as possible – ideally before the first interview. Every stage has its own irreversible moments: the first statement, the motions after inspecting the file, the plea at the preparatory hearing or the time limit for appeal. What is missed at one stage often cannot be remedied at the next.
What is the difference between an appointed and a retained defence lawyer?
An appointed lawyer is designated by the authority if defence is mandatory (for example in the case of pre-trial detention) and the accused has not instructed a lawyer; the fee is advanced by the state. A retained lawyer is chosen by the accused or a relative, so they can instruct a lawyer they trust who can devote enough time to the case. When a retained lawyer takes over, the appointment ends.
Have criminal proceedings been brought against you or a relative in Hungary? Whatever stage the case has reached, call us – we are available day and night. Contact us.
About the author: Dr. Ildikó Willi has practised as a lawyer since 2003 and has been a lawyer at Benő & Willi Defence Attorneys since 2007. Over her career she has represented clients in more than 3,600 criminal cases, particularly in proceedings against juveniles, drug offences, driving under the influence of alcohol or drugs, economic crimes and offences against life and physical integrity. Available day and night: +36 20 987 6967. Contact →
This article provides general information on the Hungarian Code of Criminal Procedure (Act XC of 2017) and does not constitute legal advice. Last updated: October 2026.