Főoldal » Archív » Prosecutor General’s motion to the Curia seeking legal remedy against court decisions regarding defendant’s pre-trial detention in the Danube boat accident

In the cri­mi­nal case of neg­li­gent end­ang­er­ment of water tran­sport result­ing in fatal mass cata­strop­he Dr. Péter Polt, Pro­se­cu­tor Gene­ral of Hun­gary has filed to the Curia a moti­on see­king legal review of the deci­si­on of the Buda Cent­ral Dis­t­rict Court and the deci­si­on of the Regi­o­nal Court of the Cap­ital hand­ling the case as an appel­la­te court. The court deci­sions have orde­red to put the suspect under cri­mi­nal super­vi­si­on if bail is paid.

The Pro­se­cu­ti­on Offi­ce of Buda­pest Dis­t­ricts VI and VII has pro­po­s­ed pre-trail detent­ion of the suspect in the boat accident’s cri­mi­nal case hav­ing occur­red on the river Danu­be in Buda­pest in the eve­ning hours on 29th May 2019.

The Buda Cent­ral Dis­t­rict Court orde­red the pre-trial detent­ion of the cap­ta­in of the ship, but it also ruled that if 15 mil­li­on HUF is paid as bail, the suspect, once the court order has beco­me final, will be put under cri­mi­nal super­vi­si­on fit­ted with an electro­nic tag, and he would not be allo­wed to leave the ter­ri­to­ry of Budapest.

The Pro­se­cu­ti­on Offi­ce of Buda­pest Dis­t­ricts VI and VII then filed an appe­al aga­inst the court deci­si­on explain­ing that the suspect’s pre­sen­ce at the pro­ce­dural acts can only be ensured if the stric­test coer­cive mea­sure is used aga­inst him. The suspect, who is a Ukra­i­ni­an citi­zen, does not have a per­ma­nent or tem­por­ary add­ress in Hun­gary, his place of stay­ing is cons­tantly chang­ing due to the natu­re of his job. He has exten­sive know­ledge of Euro­pe­an sites and pla­ces, and the gra­vity of the suspec­ted cri­mi­nal act also calls for the use of the stric­test coer­cive measure.

The Pro­se­cu­ti­on Offi­ce of Buda­pest Dis­t­ricts VI and VII has supp­le­men­ted the rea­son­ing of the appe­al as sus­pi­ci­on arose that the cap­ta­in had dele­ted data from his cell phone, which ser­ves as anot­her rea­son for the need of the pre-trial detent­ion. This rea­son, namely, is that the suspect would risk or make the pro­ving of the case more difficult.

The Regi­o­nal Court of the Cap­ital has upheld the deci­si­on of the Buda Cent­ral Dis­t­rict Court, and it allo­wed for a bail to be paid.

The Pro­se­cu­tor General’s moti­on see­king legal remedy indi­ca­tes that the deci­si­on of the Regi­o­nal Court of the Cap­ital vio­la­tes the law in itself, as it does not con­ta­in any rulings with regard to the supp­le­men­ted appe­al of the pro­se­cu­ti­on offi­ce. The Regi­o­nal Court of the Cap­ital has not tho­ro­ughly exa­mi­ned the addi­ti­o­nally indi­ca­ted rea­son for the need of the pre-trial detent­ion. More­o­ver, both the deci­sions of the first ins­tance and the appe­al courts are unlaw­ful, beca­u­se they have orde­red cri­mi­nal super­vi­si­on of the suspect in spite of the fact that his actu­al place of stay­ing was not known by the com­pe­tent aut­ho­ri­ti­es when court deci­si­on the­rea­bo­ut was made.

Based on all this, the Pro­se­cu­tor Gene­ral pro­po­s­ed to the Curia to deter­mi­ne that the first ins­tance and appe­al courts hand­ing the case had unlaw­fully adop­ted the defen­ce counsel’s moti­on see­king the pos­si­bi­lity of bail, and they had unlaw­fully orde­red cri­mi­nal super­vi­si­on of the suspect if bail is paid.

The Curia’s is entit­led to deci­de only about the quest­ion of lawfulness.