Benő & Willi Defence Attorneys

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Criminal supervision instead of pre-trial detention

Our client was questioned by the investigating authority on suspicion of homicide committed with particular cruelty and for a base motive, and the prosecution moved for his pre-trial detention. As a result of the consistent defence arguments presented at a detention hearing lasting five hours, the court rejected the prosecution’s motion and, instead of pre-trial detention, placed our client under criminal supervision.

Suspended prison sentence

The charges: theft from a vulnerable person (kifosztás) committed as a co-perpetrator (felony), and misuse of documents and misuse of a cash-substitute payment instrument committed as a co-perpetrator (misdemeanours).
Result: 1 year’s imprisonment suspended for a 2-year probation period and a fine of HUF 150,000.

In this case our client was a foreign national. We managed to have him brought before the court within three days, so he could travel home right after the judgment was announced, without years of drawn-out proceedings.

Acquittal

The charge: assault (misdemeanour), based on the victim’s testimony.


Result: The court of first instance acquitted our client of the charges against him for lack of evidence.

Investigation terminated

Our client was questioned by the investigating authority as a suspect on reasonable suspicion of robbery. Thanks to resolute defence work, the proceedings against him were terminated while still at the investigation stage.

Acquittal

The prosecution charged our client with theft (felony). Thanks to resolute defence work, the court acquitted our client of the charge.

Criminal supervision ordered

Criminal proceedings were brought against our client for theft (misdemeanour), and the court of first instance ordered his pre-trial detention. The second-instance court upheld the defence appeal against that order, amended the first-instance decision and ordered criminal supervision instead.

Favourable judgment

The court of first instance sentenced our client to 3 years’ imprisonment and a 3-year ban from public affairs for child pornography (felony).


Result: Thanks to resolute defence arguments, the second-instance court reduced the sentence to 2 years, suspended it for a 5-year probation period and set aside the ban from public affairs.

Investigation terminated

Our client was questioned as a suspect by the investigating authority on reasonable suspicion of fraud causing substantial loss. Thanks to sound defence arguments, the proceedings were terminated while still at the investigation stage.

Favourable judgment

The court of first instance found our client guilty of attempted assault, disorderly conduct and theft, and imposed a cumulative sentence of 5 months’ imprisonment (prison regime), suspended for a 1-year probation period.

In line with effective defence submissions, the second-instance court applied, instead of a penalty, only one of the mildest measures available: probation.

Favourable judgment

The prosecution charged our client with homicide, an offence punishable by law with 5 to 15 years’ imprisonment.


Result: Thanks to an effective defence, the court sentenced our client to 5 years’ imprisonment in the mildest (fogház) regime and a 5-year ban from public affairs.

Criminal supervision instead of pre-trial detention

Our client was questioned by the investigating authority for armed robbery, and the prosecution then moved for his pre-trial detention. In line with consistent defence arguments, the court rejected the prosecution’s motion and placed our client under criminal supervision.

Acquittal

The prosecution charged our client with fraud (felony) and use of a forged private document (misdemeanour). Upholding the defence arguments, the court of first instance acquitted our client of both the fraud and the forged-document charges.

Criminal supervision instead of pre-trial detention

Our client was questioned by the investigating authority for assault causing danger to life, and the prosecution then moved for his pre-trial detention.

As a result of resolute defence work, the court rejected the prosecution’s motion and, granting the defence motion, placed our client under criminal supervision restricted to the territory of the county.

Acquittal

In criminal proceedings for occupational endangerment causing death, the court of first instance acquitted the company’s managing director, while the person who caused the accident received a suspended prison sentence. We succeeded in refuting the prosecution’s claims that the managing director bore responsibility for breaches of occupational safety rules.

Acquittal

Our client, accused of causing a fatal road accident, was acquitted by the second-instance court. We proved that, because of the night-time visibility, the shadows cast onto the pedestrian crossing and its surroundings by a wind-blown plane tree above it, and the pedestrian’s running and clothing, our client could only see the pedestrian within the braking distance, and that he fully complied with all other traffic rules. As a result, the appeal panel overturned the first-instance prison sentence and acquitted our client with final effect.


NAVIGATION

  • Home
  • Arrested / detained
  • Areas of expertise
    • Drink-driving
    • Drug offences
    • Property offences
    • Traffic offences
    • Occupational endangerment
    • Homicide
    • Disorderly conduct
    • All areas
  • Our successes
  • Criminal law guide
  • Press
  • Contact

contact

Dr. László-Tamás Benő, criminal defence lawyer, speaks English
+36 70 379 0245 (0-24)
benodok@gmail.com

our office

1055 Budapest
Falk Miksa utca 4
mezzanine 4

Clients are received by appointment only

 

The information on this website is for general information only and does not constitute legal advice. The law office accepts no liability for any damage arising from the use of this information.

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Benő & Willi Defence Attorneys

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