If you or a family member has been taken into custody in Hungary, the decision on pre-trial detention is usually made within 72 hours. Below we explain in question-and-answer form, with references to the law, when pre-trial detention can be ordered, how long it can last, what criminal supervision and bail mean and how to appeal. The article is based on the Hungarian Criminal Procedure Act (Act XC of 2017, “Be.”) as currently in force.
In brief: the key points
- Custody (őrizet) lasts at most 72 hours; within this time a court must decide on pre-trial detention.
- Pre-trial detention (letartóztatás) can only be ordered by a court – before the indictment by the investigating judge, on the prosecutor’s motion, at a hearing where a defence lawyer must be present.
- It may only be ordered if its aim cannot be achieved by criminal supervision or a restraining order.
- Before the indictment it is first ordered for at most one month, then extended by up to three months at a time, and after one year by up to two months at a time.
- The total maximum is 1 to 5 years, depending on the penalty for the offence.
- Bail is at least HUF 500,000; once paid, a less restrictive measure can replace detention.
- An appeal against a decision announced at the hearing must be lodged immediately.
The basics
What is the difference between custody and pre-trial detention?
Custody is a temporary deprivation of liberty that can be ordered by the police (investigating authority), the prosecution or the court. It lasts at most 72 hours and only until the court decides on pre-trial detention or another measure restricting personal liberty (Be. section 274 (1) and (3)). Pre-trial detention is the deprivation of liberty by a judge before the final judgment (section 296) and can only be ordered by a court.
When can someone be taken into custody?
Where there is a well-founded suspicion of an offence punishable by imprisonment and the suspect was caught in the act and cannot be identified, where it is likely that pre-trial detention or another court-ordered coercive measure will be imposed, or where the person disrupts a trial (section 274 (2)). Any time spent in detention before custody, such as being taken to the police station, counts towards the 72 hours (section 274 (5)).
Who is notified of the custody?
An adult person named by the detainee must be informed of the custody and the place of detention within eight hours at the latest. If the authority refuses to notify that person in the interest of the proceedings, another person may be named (section 275 (1)–(3)). The authority must also arrange care for any minor child left without supervision and secure the detainee’s home and property (section 275 (5)).
Foreign nationals have the right to an interpreter and to contact the consulate of their country.
When can pre-trial detention be ordered?
What are the conditions?
In proceedings for an offence punishable by imprisonment, if the accused is reasonably suspected of the offence (or has already been indicted) and the aim cannot be achieved by other means (section 276 (1)). The law recognises three grounds (section 276 (2)):
- securing the presence of the accused: he or she has absconded or gone into hiding, or it can reasonably be assumed that he or she would become unavailable;
- protecting the evidence: he or she has intimidated or improperly influenced witnesses or destroyed or hidden evidence, or it can reasonably be assumed that he or she would do so;
- preventing reoffending: he or she continued the offence or committed a new one after being questioned as a suspect, or it can reasonably be assumed that he or she would do so.
Why is criminal supervision not enough?
Pre-trial detention may only be ordered if, in the court’s view, the aim cannot be achieved by a restraining order or criminal supervision. The court considers in particular the nature of the offence, the state of the investigation, the accused’s personal and family circumstances, his or her relationship with witnesses and other persons, and his or her conduct before and during the proceedings (section 277 (4)). The defence therefore builds on these factors: a permanent address, employment, family ties, voluntary appearance and cooperation with the authorities. For foreign nationals, a known address in Hungary and reliable contact details are especially important.
Who decides and when?
Before the indictment, the court – the investigating judge – decides on the prosecutor’s motion (section 278 (1)). If the suspect is in custody, the hearing must be scheduled so that it can take place before the custody expires (section 468 (2)). The court may order a less restrictive measure than requested: instead of pre-trial detention, criminal supervision, a restraining order or both (section 278 (3)).
The hearing before the investigating judge
Is a defence lawyer mandatory?
Yes. A defence lawyer is mandatory when the accused is subject to a measure restricting personal liberty, such as custody or pre-trial detention (section 44 b)). If there is no retained lawyer, the authority appoints one. A family member may also instruct a lawyer of the detainee’s choice.
Can I see the case documents?
The prosecution sends its motion to the suspect and the defence lawyer (section 469 (2)). Where pre-trial detention is requested, access must be given to the documents the motion relies on, in time to prepare the defence and at the latest one hour before the hearing begins (section 470 (1) and (3)). When an extension is requested, the documents created since the last decision must be made available (section 470 (2)).
Can I take part by video link?
A video link may only be used at the hearing on pre-trial detention with the accused’s consent (section 122 (5)). Without consent, the accused must be present in person.
How long can pre-trial detention last?
Before the indictment
Pre-trial detention ordered before the indictment lasts at most one month. The court may extend it by up to three months at a time during the first year after it was ordered, and by up to two months at a time after that (section 297 (1)–(2)). The prosecution must request an extension at least five days before the expiry date (section 297 (3)) and the court holds a hearing at least one day before expiry (section 468 (3)). If it is not extended in time, the detention ends (section 279 (2)).
Is there a maximum?
Yes. Depending on the penalty for the offence, pre-trial detention may last at most (section 298 (1)):
- 1 year if the maximum penalty is up to 3 years,
- 2 years if it is up to 5 years,
- 3 years if it is up to 10 years,
- 4 years if it is more than 10 years,
- 5 years if the offence is punishable by life imprisonment (in certain cases this may be extended by one more year).
The maximum does not apply to detention ordered or maintained after a first-instance judgment has been announced, or in retrial proceedings (section 298 (2)).
And after the indictment?
After the indictment the court decides whether to maintain detention, and its justification must be reviewed regularly: after six months by the first-instance court, after one year by the second-instance court, and at least every six months after that (section 297 (4), section 291). Detention maintained after a non-final judgment may not last longer than the prison sentence imposed (section 297 (4)).
Where is pre-trial detention served?
As a rule in a prison (penitentiary institution). On the prosecutor’s order it may be served in a police detention facility if investigative steps require it, but for no more than sixty days in total (section 299 (2)).
Less restrictive alternatives: criminal supervision and bail
What is criminal supervision?
Criminal supervision (bűnügyi felügyelet) restricts freedom of movement and the choice of residence. The court may order that the accused must not leave a specified area or home without permission, must not visit certain places, or must report regularly to the police (section 281 (2)). It must also specify for what purposes the accused may leave, for example for work or medical treatment (section 281 (4)). Compliance may be monitored with an electronic tag (section 283). Before the indictment it lasts at most four months and may be extended by up to four months at a time (section 289).
What is bail and how much is it?
Bail (óvadék) is an amount of money set by the court, at least HUF 500,000. The amount depends on the seriousness of the offence, the risk of absconding, interfering with evidence or reoffending, and the accused’s personal and financial situation (section 286 (2)). The accused or the defence lawyer may apply for bail, stating the amount offered; once it is paid, the court may order criminal supervision or a restraining order instead of pre-trial detention (section 285). The amount of bail can also be appealed (section 286 (3)).
When must bail be paid and is it refunded?
Bail may be paid within three months after the decision becomes final, and once paid it cannot be withdrawn. After payment, a detained accused must be released immediately (section 287). Bail is forfeited if the accused is returned to pre-trial detention for breaking the rules or becomes unavailable; otherwise it is refunded when the measure ends (section 288).
What happens if I break the rules?
The court may impose a fine; for repeated or serious breaches it may order custody, stricter rules, an electronic tag or pre-trial detention (section 293).
Appeals and release
How can I appeal?
An appeal against a decision announced at the hearing must be lodged immediately after it is announced. A person who was not present may appeal within three days of the hearing (section 480 (2)). The appeal is decided by a second-instance panel of the regional court (section 481 (2)). The suspect, the defence lawyer and the prosecution may all appeal (section 480 (1)).
Will I be free while the appeal is pending?
No. As a rule, the investigating judge’s decision – including an order for pre-trial detention – must be enforced regardless of an appeal. There is one important exception the other way round: if the court ends an existing measure without the prosecution requesting it and the prosecution appeals, the appeal has suspensive effect (section 483), so the accused is not released until the second-instance decision.
Can I ask for release later?
Yes. The accused and the defence lawyer may apply at any time for the detention to be ended or replaced by a less restrictive measure, and the court must examine the application on its merits. After three months, a repeated application with the same content cannot be rejected without substantive reasons (section 300). If the grounds for detention no longer exist, it must be ended (section 279 (3)).
Is there compensation for pre-trial detention?
Yes, if the proceedings are terminated – for example because the act is not a criminal offence, the suspect did not commit it or this cannot be proven – or if the court finally acquits the accused. Compensation covers pre-trial detention, criminal supervision that prohibited leaving home and the custody preceding them (section 845), although the law also sets out grounds that exclude compensation (section 846).
Does the time count towards the sentence?
Yes. Time spent in custody and pre-trial detention must be deducted from any sentence imposed later.
How we help
In the first hours of custody we contact the authorities and the client, attend the suspect interview, review the documents behind the motion and argue before the investigating judge for release, criminal supervision or bail. If pre-trial detention is ordered, we appeal and keep track of every extension deadline. We keep the family informed in English, Hungarian and Romanian. More: Detained or arrested in Hungary? Defence lawyer 24/7. If the arrest is based on a European Arrest Warrant, see: European Arrest Warrant in Hungary – Q&A. Drivers and lorry drivers arrested on suspicion of human smuggling: Human smuggling – defence lawyer 24/7 · Human smuggling – questions and answers.
Has a family member been arrested in Hungary? The first hours matter – call us 24/7: Dr. László-Tamás Benő +36 70 379 0245 (English, Hungarian, Romanian). Contact →
This article is general information and does not constitute legal advice.