According to the Annual Report of the European Anti-Fraud Office (OLAF) for 2022, published on 6th June, the Prosecution Service of Hungary filed indictments in 75% of OLAF-cases between 2018 and 2022, which is a significantly higher figure than the EU average of 34%. Every judicial recommendation is followed by an investigation in Hungary.
OLAF carries out investigations into administrative irregularities against EU funds, but it does not determine whether a criminal offence has been committed or not, nor does it prove any criminal offences with evidence. OLAF has neither authorization nor any tools to do so.
Although no such legal obligation exists, the Prosecution Service of Hungary – in accordance with the instruction of Prosecutor General Dr. Péter Polt – has issued an order on the opening of a criminal procedure in each case based on OLAF recommendations, and where an investigation was already ongoing, OLAF's recommendations were attached to the investigation files and were assessed as a part thereof.
It stands out from OLAF's latest Annual Report for 2022 that the Prosecution Service of Hungary indicted 75% of the OLAF cases. This figure is an outstanding result, as it is more than double of the EU average of 34%.
OLAF has been making judicial recommendations mostly in cases that are already under investigation in Hungary.
In 2022 OLAF as a result of their inquiries made eight judicial recommendations to the Hungarian Prosecution Service. In three cases investigations were ordered, in five cases the judicial recommendation and the final report was assessed as part of already ongoing investigations.
In 2022 OLAF stated in two ongoing inquiries that the suspicion of a crime could be established before concluding the inquiry, and signalled their findings to the Hungarian Prosecution Service. In both cases, an investigation was ordered.
The Prosecution Service of Hungary and OLAF cooperate closely by holding regular meetings at both managerial and expert levels.
In February 2022, the excellent co-operation between OLAF and the Hungarian Prosecution Service was recorded in the form of a working agreement. The framework for work based on common interests and goals has since been formally provided even by the working agreement.