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CRIMINAL LAW LAWYER IN HUNGARY >>>
ACTIVITY OF LAWYER IN HUNGARIAN CRIMINAL LAW PROCEDURE: INVESTIGATIVE PHASE AND COURT PHASE As advocate in criminal procedures the lawyer in Hungary can act before the investigating authority in investigative phase and in court procedures. More than on Hungarian lawyer can act to defend the same person in criminal procedures. At a procedural act may be present any authorized Hungarian lawyer .
If more than one Hungarian lawyer is acting as defender the docuemnts have to be delivered to the leading defense lawyer. The lead defense lawyer entitled to appeal and to take remedies declaration. under Hungarian laws also the lead defense lawyer is entitled to retain the pleading. The lead defense lawyer can designate other lawyers to take these actions. If it’s problematic that who is the leading defense lawyer defense lawyer from the lawyers it should be regarded who was first submitted his power of attorney.
If there are more defendants in the process and their interests do not conflict with each other the Hungarian law allows the same lawyer to provide the defense for concerned of more accused.
In certain cases during the criminal proceedings defense lawyer ’s participation is obligatory under the laws of Hungary. If the defendant accused of a crime which is punishable with five years’ or more imprisonment, the Hungarian law requires defense lawyer's participation in the procedure. It is also required the lawyer ’s protection if the accused is detained, the accused is deaf, dumb, blind, or has abnormal mental condition.
If the accused doesn’t understand the criminal proceedings’ language or because of other things he is unable to defend himself personally, in thes case is required the lawyer’s defense.
Primarily the accused person authorizes the defense lawyer in Hungary. But based on Hungarian law the guardian or an older relative can give power of attorney to the lawyer as well. If the accused is not a Hungarian citizen the consular representative of the country of his national citizenship can give authorization for the lawyer for the defense under Hungarian law.
The Hungarian law requires the lawyer’s power attorney to be filed to the authority or court before the procedure is actually. So the power of tattorney must be submitted to the court, to the prosecutor or to the investigating authority.
If a defendant doesn’t have an authorized lawyer, in the cases when defense is mandatory to the accused the appointment of defense lawyer is conducted ex officio. It’s possible secondment of lawyers when it is not mandatory but the defendant requests having regard to income ratio.
RIGHT OF LAWYER TO ENTER TO PENAL INSTITUTIONS The Hungarian law entitles the lawyer as legal representative to enter to the penal institutions with proof of identity. Of course to all of the lawyers are prohibited to take firearms, ammunition, explosives to the institutions.
The attorney can be able to enter to the territory of the prison institution, if he hasn’t got mandate from the defendant if the purpose of the visit is to sign the power of attorney. From the date when the defense lawyer has the power of attorney from his client the lawyer can speak with his protege unchecked. The lawyer - when acting as a defense lawyer - is entitled to take sound-recording device with him into the territory of the institute without a special permit.
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