The implementation of the Right to Information Directive
brought along positive changes for the access to case files
in the investigation phase of the criminal procedure. This was
enhanced by the New CCP, according to which the defence
is, by default, entitled to access all the case materials. Access
must be provided at a time and in a manner that enables the
defence to prepare, but in any case, at least an hour before
the pre-trial detention hearing starts.112
The performance of appointed defence counsels needs to
be monitored, along with the practical implementation and
execution of the appointment process itself. The most
prominent aim of the reform was to ensure that defendants
receive more effective defence and substantive assistance
from their lawyers during the procedure. With the New CCP,
selecting the appointed defence counsels became a task of
the bar associations, so the task of supervising and improving
the system falls primarily on them. However, the reform was
introduced by the legislation, hence the task of examining
the implementation also falls upon the Ministry of Justice,
but the cooperation with other criminal justice actors (such
as courts, prosecution and police) in the supervision of the
new system is necessary.
Appointment system:
•
The new system for the appointment of defence lawyers
should be monitored and improved to assess the
performance of lawyers, including case file review and
interviews (with defendants, lawyers and other criminal
justice actors).
•
Training and experience sharing should be strengthened
to increase criminal justice actors’ application of
international standards. Improving their knowledge and
approach in pre-trial criminal procedure is required to
ensure that the procedure complies with the spirit of the
domestic law and with the international standards.
Awareness-raising:
•
Criminal justice actors are not sufficiently aware of the
aim of pre-trial detention and of gaps in practice when
compared to the international standards.
•
Lawyers require training about seeking remedies in the
European regional courts.
Recommendations
In the meetings of the national working group113 and at
subsequent roundtable events,110 the following recommendations
to the challenges identified above were elaborated upon:
Assessment of implementation:
•
As the legal framework has changed recently and
practical experience with its application and
implementation is lacking, it is important to focus on
developing improved practices that are compliant with
the standards of the EU and the ECtHR. The national and
regional bar associations play a prominent role in
institutionalised discussions in which members of
different legal professions assess the practice and submit
recommendations to the legislator, providing feedback
on their practical experiences with the new legal
framework. Their members will carry out advocacy
activities.
112 In detail, see: András Kristóf Kádár – Nóra Novoszádek – Dóra Szegő: Inside Police Custody 2 – Country report for Hungary. Hungarian Helsinki Committee, December 2018,
https://www.helsinki.hu/wp-content/uploads/IPC_Country_Report_Hungary_Eng_fin.pdf, pp. 59–71.
113 The national working group was comprised primarily of defence lawyers, public prosecutors and NGO representatives. They were provided with the research report and the
first draft of the action plan. Subsequently, at a meeting held on 11 July 2018, the experts involved in the national working group discussed and commented on the two
documents. The action plan was revised on the basis of their recommendations.
114 Roundtable events were held on 28 November 2018, 30 January and 6 May 2019.
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