Guidance

Information pack for British nationals detained or imprisoned in Hungary

Updated 23 February 2024

1. Key points

1.1 Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.         

This information pack aims to give you, and your family and friends, information about the local system in Hungary and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. 

The British Embassy in Hungary Address: 1022 Budapest, Füge utca 5-7.
Phone: +36 1 429 6200

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Hungary, notification by the authorities to the consulate normally takes place within a few workdays after arrest.  

We can also:

• provide a list of local English-speaking lawyers and interpreters.
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting (in person or virtual) or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK (after your final court session/sentencing).

What we cannot do

• interfere with the local law or go against the decision made by the local authorities
• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime, review your case, or advise on legal matters
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

1.2 First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Hungary.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

2. Detention conditions in Hungary

2.1 Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Hungary for the latest information on safety and security, entry requirements and travel warnings.

Prisoners are allowed to receive visitors, letters and packages from prison-approved contacts only. List all family members or friends you want to keep in touch with on the contacts list form, provided by the facility. Once approved, you may request for visitation, calls, and receive letters and packages from these contacts.

Relatives should not make arrangements to travel to Hungary to make a prison visit until it is clear that permission will be granted. If relatives wish to visit you, they must first obtain a permit which is issued by the prison commandant on written request. Up to two adults and two children under 14 years of age may visit you at the same time. The visitor must be in a defined category of relatives, so any visitors must provide their passport and evidence of their relationship to you (for example, birth certificate, marriage certificate).

What to expect when you visit

All visitors must go through identification and security checks. Electronic devices and certain prohibited items are not allowed in the facilities. Depending on the type of visitors, the meeting may take place in a meeting room or in a secured room behind glass. Most visits are supervised, and a guard may be on standby during the meeting. The frequency and the length of time of the visit are different in the various penal classes and penalty categories.

What you can take on your visit

This depends on the rules of the individual facility, but normally packages of no more than about 4-5 kg are allowed. These may contain small amounts of confectionary, underwear, clothing and shoes, but in all cases, check with the prison officers first.

Visits: consular staff

You can write to us at any time on matters of concern – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf. Normally, consular staff can visit detainees once during detention, and once after sentencing either in person or via Skype. Please note that consular officers don’t need to be added to your approved contacts list. Please inform your social worker or the consular staff about the need for visit.

Emergency trips outside of prison

Permission for outside trips is not guaranteed. All requests for trips outside of prison must be requested from and pre-approved by the prison commandant on written request. Consular staff cannot make requests or arrange for emergency trips on behalf of detainees or their next of kin.

2.2 Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Depending on the circumstances of your arrest you may be taken to the nearest police station for questioning, to give your personal details, and to have your picture taken. You will be automatically provided with a state-assigned lawyer and if needed, a translator, free of charge. If you have a private lawyer, you may call for their assistance.

You may be held at the police station for a period of time defined by the police authority depending on the circumstances of your case. The initial detention time may be extended.

Arrest – up to 8 hours, can be extended to 12 hours

Custody – up to 72 hours

Pre-trial arrest – initially 30 days, can be extended

Your personal items will be taken away and you will be given a receipt of the belongings held by the facility. You will be able to keep your street clothing on you, will have access to food, and will be allowed to make limited phone calls.

If police or the court decides to extend your detention, you will be transported to the local remand prison facility until your trial and sentencing. You will be officially admitted to the facility, have your picture taken, a prisoner number assigned, and will go through a medical check by the prison doctor. You will be given a basic toiletry and hygiene pack, along with basic bedding. Upon sentencing, you will be required to change into prison uniform and hand over your personal clothing items to the facility.

Appearing at court

Initially, you may have a preparatory hearing (előkészítő ülés), where your lawyer will present your case to the court. You will be provided with a translator and may be questioned and required to give report of the circumstances of your case. It is advised that you request for a meeting with your legal representative prior to the hearing to be able to go through your case and to discuss important details. In case of language barrier, a translator should be provided for the ease of communication. Please note that if your lawyer does not show up at the court session or does not prepare for the preparatory hearing, the session may be postponed to a later date and your pre-trial detention will be extended.

Initial arrival at the prison

Given the circumstances of your arrest and case, you may be held at the police station for a set period of time defined by the police authority. The initial detention time may be extended.

If the police or the court decides to extend your detention, you will be transported to a remand prison facility until trial and sentencing. You will be officially admitted to the facility, have your picture taken, a prisoner number assigned, and will go through a medical check by the prison doctor. Your personal items will be taken away and you will be given a receipt of the belongings held by the facility. You will be able to wear your street clothing, will have access to food, and will be allowed to make limited phone calls. You will be given a basic toiletry and hygiene pack, along with basic bedding. Routine and random search may be conducted in the prison cell by the wardens without any prior notice, where you and all your personal items held in the cell may be thoroughly checked.

You will be allocated a cell and you will be appointed a social worker (nevelő) who will be your first point of call for all matters pertaining to rules and regulations within the Hungarian prison system. Please note that the majority of prison officials and social workers in Hungary speak very limited English, but this will depend on the location.

2.3 Prison: conditions and daily life

Types of prison

Hungary has 3 categories of prisons, based on security classification.

Minimum security prisons

Holding those under 18 years of age and prisoners authorised to be in a transition group towards the end of their sentence. Prisoners may move freely within the parameters of the prison.

Medium security prisons

Holding the majority of prisoners on remand and those convicted of non-violent crimes. Prisoners may move freely in determined areas within the parameters of the prison

High security prisons

Holding prisoners serving life imprisonment; for a sentence of over three years for crimes against the state, terrorism, firearms, drugs, homicide, kidnapping, sexual assault, and other violent crimes.  Prisoners may move within the parameters of the prison only with proper authorisation and under supervision. This may be loosened exceptionally after one year of imprisonment.

Female prisoners are separated from male prisoners, and adult prisoners are segregated from juvenile prisoners under 21 years of age.

Accommodation

In Hungary sentenced prisoners and those on remand are usually held in different prisons or different sections of the same prison.

Generally, prisoners are accommodated in shared cells; usually 4 to 6 people share a cell. Overcrowding is a general issue in Hungary but there have been efforts made by the Hungarian Prison Services to avoid overcrowding in cells and the facility.

Most prison cells are furnished with bunk beds, and prisoners are provided with mattress and bedding. A shared cell usually has a washbasin, a toilet, running water, natural light, and electricity is available.

Female prisoners are separated from male prisoners, and adult prisoners are separated from juvenile prisoners under 21 years of age.

Food and diet

The prison authorities have assured us that the food they provide is a balanced diet supplying the necessary daily nutritional requirements, generally three times a day. A special diet can only be provided on medical (e.g. diabetes, high blood pressure, allergies) or religious grounds upon request. Vegetarian meals are available in all prisons. You can supplement your diet by buying fruit and other items from the prison shop, when available.

Hygiene

A basic toiletry and hygiene pack is provided upon detention; however, further supplies can be purchased at the prison shop. Generally, male prisoners are allowed to shower three times a week for a very limited time, while female prisoners are allowed seven days a week in communal shower facilities. Depending on your circumstances, for instance if you work at the prison or it is medically necessary, you would be allowed to take more regular showers.

There are limited opportunities to go to the barber to get a haircut or shave. If you would like to see the barber, you will need to ask for an appointment in advance from your social worker. Male prisoners should note that they cannot shave their facial hair unless they get permission from the prison officers. If a prisoner is admitted to the facility having facial hair or longer hairstyle and decides to shave during detention for hygienic reasons, the prisoner will have to request for permission to change his appearance and have his prison photo retaken for administrative purposes. Shaving or cutting your hair without permission can lead to punishment.

Work and study

You may be liable to contribute to the costs of your being in prison by working, unless you are exempt from work due to age or disability. Please note that you will only be allowed to work once you are sentenced and have started serving your sentence in the facility. Working is not possible in remand prisons. Paid work is available in accordance with the opportunities of the prison. When considering a detainee for work, physical, psychological, professional skills, and interests are taken into consideration. The time permitted to work and the compensation for work done is determined by the relevant labour law and prison regulations.

You may request to take part in primary/secondary education or vocational training and may use the prison library (könyvtár). All prisons have a library that aims to have a small stock of books in English.

You may also request for English language magazines, newspapers, books, language materials, and a regular newsletter from Prisoners Abroad.]

Contact and languages

Guards and social workers usually speak very limited English. Being accommodated with other English-speaking inmates is not guaranteed, but can be requested. It is advised that you learn basic expressions to make communication smoother with the prison staff. Key expressions in Hungarian are provided at the end of this information package.

Limited contact with other prisoners is usually available during recess time, which usually means a daily 30-minute or an hour-long walk in the prison courtyard. During this time prisoners can exercise and connect with other inmates. In most facilities exercising in the cell is strictly prohibited and if caught, it may entail punishment. Some facilities also have equipped gyms, but prisoners must pay for a gym pass on a monthly basis for their use.

Some facilities have television installed in the cells, but channel options are limited, and are usually in local language. You may request to take part in cultural and social events, primary or secondary education, or vocational training, and may use the prison library (könyvtár). All prisons have a library that aims to have a small stock of books in English. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Taking part in cultural and social activities, and practising the local language are encouraged and seen positively by the prison authorities.

Exercise

Exercising is usually available during recess time, which usually means a 30-minute or an hour-long walk in the prison courtyard. During this time prisoners can exercise and may play sports. In most facilities exercising in the cell is strictly prohibited and if caught, it may entail punishment. Some facilities also have equipped gyms, but prisoners must pay for a gym pass on a monthly basis for their use.

Climate

Hungary has a mild continental climate, with hot summers with low overall humidity levels but frequent showers and frigid to cold snowy winters. Spring and autumn are mild, but there are frequent changes in temperature, especially in spring. There are four seasons in Hungary: winter (December, January, February), spring (March, April, May), summer (June, July, August), and autumn (September, October, November). The average annual temperature is 9.7°C.

Detainees wear the clothing items they were arrested and detained in. They are expected to supply their own clothing pieces and family members are allowed to send weather-appropriate clothing via parcels. Once sentenced, prisoners must wear the uniform supplied by the prison facility and cannot wear their own street clothes. Prisoners must wear weather-appropriate clothing at all times. For instance, winter clothing and bedding are not permitted to be worn or kept in the cell during the summer, and the heavier clothing items and blankets are usually to be returned to the prison once the cold season is over.

Religion

Prisoners are entitled to take part in religious services – the availability of options based on faith will depend on the location. Inmates may receive visits from a priest or a minister of their faith and may keep religious books in their cell. Detention facilities are not staffed by religious ministers, but regular visits are ensured by the prison administrations.

Rules and regulations (including drugs)

General rules and regulations of the facility are explained to prisoners upon arrival, and detainees are given an information package by the facility that explains the general rules. Good behaviour, showing willingness to fit in, taking part in cultural and social activities, and practising the local language are seen positively by the prison authorities. Rewarding systems are usually in place at most facilities.

Certain negative behaviours, for instance non-compliance, abusing or insulting staff or other inmates) are considered more serious and may entail harsher punishment. The forms of sanction and punishment are normally explained in the prison facility guide. Although tobacco cigarettes are permitted, note that drug trafficking in Hungarian prisons is illegal. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc.) you will face punishment according to Hungarian law. Most prisons also offer a drugs programme for those inmates with a drug addiction. This should be discussed with the prison doctor or psychiatrist. For therapy possibilities you should contact your social worker.  

2.4 Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends.
• Prisoners Abroad: depending on the country where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

For a faster process and for prisoners to be able to access their funds quicker, we encourage family members to use the option of transferring funds directly to the prison. The prison facility should inform you on how your approved contacts can transfer funds to your account through the prison and provide you with the necessary bank details. In case you are not informed, please ask a prison officer for more information.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and Dental treatment

While you are detained, Hungary is responsible for ensuring your basic medical needs are met.

The general health regulations are applicable to issues related the protection of the prisoner’s health. Prisoners are provided with necessary medical care and medication. Prison facilities have prison doctors available on spot; however, you will need an appointment to see the medical staff. You need to notify your social worker or speak to a guard if you would like to see the doctor or access medical services. In case you need specialist examination or treatment, the prison doctor may make referrals to the local state hospital or a specialist. Private healthcare providers are not accessible for prisoners.

In case there is an emergency, or you need to see a doctor, notify the guards or your social worker immediately. Please note that the consular colleagues are not trained medical staff, therefore cannot advise on medical issues, make arrangements for medical treatment, or request for specialist examinations.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Prisoners are allowed to receive letter and packages from abroad from their prison-approved contacts only. You must list all the family members or acquaintances you wish to keep in touch with on the approved contacts list, provided by the facility. Once approved, you can receive mail and packages from the approved contacts. You can also send written correspondence to our consular staff, who will reply to your written correspondence within our target of 20 working days (excluding postage time).

Please note that the prison authorities can open all letters and parcels to check their contents, unless the letter is between you and consular officials, international organisations, or Hungarian authorities. Letters written in a language other than Hungarian may be delayed due to the time required for translation.

It is also important to note that letters and parcels addressed to detainees must be sent to a designated mailing address (P.O. box), and not directly to the address of the facility. Each facility has its own mailing procedures; therefore, we recommend asking about the designated prisoner mailing address and parcel restrictions from the prison officers.

Generally, you are entitled to send one letter free of cost per month. You are responsible for the cost of all other letters and parcels that you send. They should be handed to the assistant prison officer with the envelope unsealed. There is no restriction on the number or length of the letters that you send or receive. 

Generally you can receive and send one package per month, although the prison director may allow for you to send and/or receive parcels at shorter intervals. Each package should weigh no more than 5 kg. The prison may refuse to accept it if the weight of the package exceeds this, the sender’s details are not apparent, the parcel is damaged, or the fees for delivery and/or customs have not been paid. Please note that receiving products via the prison webshop is included in the one package/month regulation.

Parcels you receive will be examined in your presence and if it contains objects that are not permitted for prisoners, you can state what should be done with it. The object can be returned to the sender at your expense, retained by the prison authorities on your behalf until your release, or destroyed in your presence. You may not receive food stuffs, drinks, medicines and objects deemed as a threat to prison security.

Telephone calls

If you are on remand, and your case is still being investigated, then it may be possible that you are only allowed limited calls or not allowed any calls. In all cases this will be decided by the public prosecutor’s office or by the judge. Once you have been sentenced this would normally be lifted and you would be able to make calls. To do this, you need to get permission to use the phone and normally would be escorted to a wall mounted prison phone. Some prisons also allow the purchase of a prison-approved cell phone. Its availability, charges, and rules are defined by the prisons. You are responsible for adding any credits to be able to make calls. In all cases, we would advise you to talk this over with the prison warden in the first instance, and if this fails, with your social worker who will explain how the system works.

Making a complaint about mistreatment

If you have been mistreated, in the first instance, you should report any incidents of mistreatment directly to the prison director, in a sealed envelope. Information on how to do this can be obtained from your social worker.

You should also inform consular staff in writing, giving details of any incidents as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaint procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible, photos of the injuries you received.

3. The Hungarian judicial system

3.1 Overview

The Embassy cannot interfere with the Hungarian Judicial system. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Please note that consular staff is not legally trained; therefore, they cannot advise on cases, review case documentation, or appoint a private lawyer on your behalf. This section below is taken from the website of the European Commission and provides an overview of the court system in Hungary.

The President of the National Judicial Office

The central administration of the courts is managed by the President of the National Judicial Office (NJO), supported by the General Vice-President and further Vice-Presidents, as well as by the NJO’s staff. The administrative work of the President of the NJO is supervised by the National Judicial Council (NJC). The President of the NJO is responsible for the conduct and efficiency of the central administration and for the performance of its duties in a manner compatible with the constitutional principle of judicial independence, insofar as this is provided for by law. In exercising administrative powers, the President of the NJO hands down decisions, regulations and recommendations. The President of the NJO is elected by a two-thirds majority of the members of the Hungarian Parliament, on the recommendation of the President of the Republic. Only a judge may be elected as President of the NJO.

The National Judicial Council

The National Judicial Council (NJC) is the body that supervises the central administration of the courts. The NJC has its seat in Budapest and consists of 15 members. The President of the Kúria (Supreme Court) is a member of the NJC, whereas its other 14 members are elected at a meeting of judge delegates from among the delegates by simple-majority, secret ballot voting. At the first meeting, the judge delegates elect one judge from a court of appeal, five from general courts, seven from local tribunals and one from a labour court. (District courts, administrative and labour courts commenced operations on 1 January 2013.)

Organisation of the courts

In Hungary, justice is exercised by the following types of courts:

• the Kúria (The Supreme Court of Hungary)
• regional courts of appeal (‘ítélőtáblák’ in Hungarian)
• general courts (‘törvényszékek’ in Hungarian)
• district courts (‘járásbíróságok’ in Hungarian)
• administrative and labour courts

The courts’ area of jurisdiction generally corresponds to administrative boundaries, with the name of a court indicating the location of its seat.

Non-professional judges (nem hivatásos bíró) may participate in judicial proceedings as assessors in certain cases and under conditions prescribed by law, but only professional judges may act as single judges (egyesbíró) or presidents of council (tanácselnök). Professional judges are appointed by the President of the Republic and may be removed from office only on the grounds, and in accordance with the procedures, specified by law. Judges are independent and subject only to the law, and they may not be members of political parties or involved in political activities.

Hierarchy of the courts

District courts, administrative and labour courts

District courts and administrative and labour courts hear cases in the first instance. (Until 31 December 2012, cases are heard in the first instance by local courts and labour courts.) An administrative and labour court hears cases concerning the judicial review of administrative decisions or relating to employment and similar relations (and other cases referred to them by law). Sections may be established within the district courts and administrative and labour courts for handling specific types of cases.

General courts

General courts hear cases in the first instance where the law so provides, and also hear appeals brought against decisions handed down by local courts and labour courts before 31 December 2012 or by district courts or administrative and labour courts after 1 January 2013. General courts operate in the form of panels (tanács), sections and criminal, civil, economic, administrative and labour divisions (kollégium). Various divisions may also function collectively. Specific cases are heard by military tribunals (katonai tanács) at designated general courts, with defined areas of jurisdiction.

Regional Courts of Appeal

Regional courts of appeal operate in Debrecen, Szeged, Budapest, Győr and Pécs. These courts hear appeals filed against decisions handed down by local and general courts before 31 December 2012 or by district and general courts after 1 January 2013 in cases specified by law, and hear other cases referred to their jurisdiction by law. Until 31 December 2012, appeals in administrative cases are heard by the Budapest Court of Appeal. The regional courts of appeal contain panels and criminal and civil divisions. Until 31 December 2012, the Budapest Court of Appeal also has an administrative division.

Areas of jurisdiction

• Szeged Regional Court of Appeal: Csongrád, Bács-Kiskun and Békés county
• Pécs Regional Court of Appeal: Baranya, Somogy, Tolna and Zala county
• Debrecen Regional Court of Appeal: Hajdú-Bihar, Borsod-Abaúj-Zemplén, Jász-Nagykun-Szolnok and Szabolcs-Szatmár-Bereg county
• Győr Regional Court of Appeal: Győr-Moson-Sopron, Komárom-Esztergom, Vas and Zala county
• Budapest Regional Court of Appeal: Budapest, Fejér county, Heves county, Pest county and Nógrád county

The Kúria (Supreme Court)

The Kúria is the supreme judicial body of Hungary and has its seat in Budapest. The Kúria or Supreme Court ensures that courts apply the law uniformly and adopts law harmonising decisions to this end which are binding on all courts.

The President of the Supreme Court is elected by the Hungarian Parliament, with a two-thirds majority of its members, on the recommendation of the President of the Republic. Only a judge may be elected as President of the Supreme Court. The President of the Republic appoints the Vice-Presidents of the Supreme Court on the recommendation of the President of the Supreme Court.

The Kúria (Supreme Court):

• hears appeals filed against decisions handed down by general courts and regional courts of appeal (in cases specified by law)
• hears motions for review (felülvizsgálati kérelem)
• adopts law harmonising decisions (jogegységi határozat) which are binding on all courts of justice
• analyses the case law established by final judgments, and audits and reviews the general adjudication practice of the courts
• adopts judicial decisions and judgments of legal principle
• adopts decisions on the incompatibility of local authority decrees with other laws and on the annulment of such decrees
• adopts decisions establishing that a local authority has failed to meet its obligation to enact legislation, as specified by law
• hears other cases referred to its jurisdiction

The Supreme Court consists of adjudication and harmonisation panels (ítélkező és jogegységi tanács), panels concerning municipal administration and decisions of legal principle, as well as criminal, civil and administrative and labour divisions (kollégium) and sections for case law analysis.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

3.2 First steps

What should happen after you are arrested

In Hungary, it is the police (rendőrség) who propose prosecution to the Public Prosecution Office (Magyar Ügyészség). Following arrest, the Public Prosecution Organisation has 72 hours in which to decide what (if any) charge to bring against a person. If they decide to prosecute, the Public Prosecution Organisation then present the charges to a penal judge (bíró) at a hearing (meghallgatás).

The Hungarian State appoints the lawyer (ügyvéd) to represent the accused at this hearing. The purpose of the hearing is for the penal judge to decide whether the prosecution should continue and if so, whether the accused should remain in remand (vizsgálati fogság) or be released on bail (ideiglenes szabadláb). Hungarian penal procedure can allow the person charged with an offence to remain at liberty (for example, on bail) but their passport may be retained by the police and returned once the full process of law has been completed. In such a situation, the British Embassy would not be able to supply a replacement passport until this process is completed. If a person is charged, he could be detained in a remand centre or prison depending upon the severity of the charge (vád).

If you have any questions on the legal aspects of your arrest, contact your lawyer.

See for a list of local English-speaking lawyers.

How long you can be remanded in custody

Because of the difficulty of guaranteeing that the accused will present themselves for further investigation and trial, if he is not normally resident in Hungary, or if the charges are serious, foreigners will be held on remand. The period between arrest and trial is often quite long and can vary greatly. It is not unusual for this to be as long as six months to a year. It can be shorter in some cases, and of course longer in others. It is not possible for the British Embassy to obtain priority for British nationals.

After you are charged

A penal judge at the county court (bíróság) hears criminal cases. The Public Prosecution Organisation represents the prosecution in court proceedings. You and your legal representative act in your defence. If the penal judge decides that you are guilty of a criminal offence, he may order punishments and measures ranging from fines and community service to a prison sentence. If the penal judge imposes community service, this may be raised to imprisonment based upon your professional supervisor’s report.

Bail

Bail is determined by the court, during an open court session in the presence of the prosecutor, defence lawyer and detained person. Bail can be offered by the detainee, or any other person or entity. Bail is paid in cash at the Court upon the final decision.

Bail is returned if:

• the prosecutor terminates the investigation withdrawing the charges
• the prosecutor drops the charges
• the prosecutor postpones the submission of an indictment
• when a person begins to serve a prison term

Because of the difficulty of guaranteeing that the accused will present themselves for further investigation and trial if not normally resident in Hungary or if the charges are serious, foreigners are usually held on remand. Bail, is unlikely to be offered to foreign nationals, unless they can assure and provide proof that they stay in Hungary and will not attempt to leave the country before sentencing. Your lawyer can further advise you on bail conditions and application procedure.

The FCDO cannot transfer bail funds.

3.3 Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for the list of English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Detainees are provided with a state-assigned lawyer by default, upon arrest. Please note that an English-speaking state-assigned lawyer is not guaranteed and in many cases a translator will be present when meeting or contacting your legal representative.

Hungarian law requires that a detained person is not disadvantaged because he is unable to understand Hungarian. Therefore, the Hungarian state will cover any translation costs that arise as a consequence of the criminal procedure, in relation to you exercising your rights and the fulfilment of any obligations. However, the Hungarian State will not cover any costs that do not relate to either the penal or criminal procedure against you, or the administration of any punishment.

Detainees also have the right to appoint a private lawyer. Any service fees and representational costs must be covered by the detainee or family members. The British Embassy can supply you with a list of English-speaking lawyers. Please note that the Embassy cannot advise on the person or appoint a legal representative on your behalf, and cannot cover any case-related representational fees.

Trial

A penal judge at the county court (bíróság) hears criminal cases. The Public Prosecution Organisation represents the prosecution in court proceedings. You and your legal representative act in your defence. If the penal judge decides that you are guilty of a criminal offence, he may order punishments and measures ranging from fines and community service to a prison sentence. If the penal judge imposes community service, this may be raised to imprisonment based upon your professional supervisor’s report.

Sentences

Sentences vary greatly in Hungary and will depend on the seriousness of the crime. Your lawyer/public defender will be best placed to advise on length of sentences and on appeals’ processes. 

Appeals

In cases that are heard by the penal judge at the county court, a legal representative must appeal within three days of the judgement announcement.  No appeal against any part of the sentence can be lodged after the expiry of this period.

3.4 Reaching the end of your sentence

Reduction of sentence (remission)

The following factors can be favourably taken into account: good behaviour, studies carried out and examinations passed.

Early release

Parole may only take place, if the prisoner has served:

• at least 80% of his/her punishment in a high security prison
• at least 75% of his/her punishment in a medium security prison
• at least two thirds of his/her punishment in a low security prison

The following factors can be favourably taken into account: good behaviour, studies carried out and examinations passed.

In cases qualified for special consideration and if the sentence does not exceed three years imprisonment, the Court may decide that the prisoner is eligible for remission after half of their sentence has been served. Parole is not a right; it is entirely for the penal judge to approve subject to the conduct of the prisoner during their time in prison. The prisoner’s file is automatically submitted to the county court for consideration. If granted, the parole will be the same as the remaining part of the sentence. Parole is served under the supervision of a parole officer. Parole can be terminated by the county court at any time on the recommendation of the public prosecutor. The time spent on parole is considered to be part of the sentence.

Clemency or pardon

There are 2 extraordinary cases when a convict may be released from the requirement to serve a sentence in full or in part:

• clemency, which may be granted by the President of Hungary with the approval of the Minister of Justice
• if there is a Parliamentary Act of Amnesty

Financial penalties

This depends upon the case.

Transfer to another prison within Hungary

If you have been tried and convicted, you will be sent to a prison where you can expect to serve your sentence. Transfers are only permitted when there are exceptional and compassionate reasons for doing so.

Transfer to a prison in the UK

Bilateral prison transfer agreement is in place between the UK and Hungary.

To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

Release and deportation

This really does depend on the crime and the normal place of residence of the person being released. There is no automatic expulsion. Depending on the sentence and crime, a person who was residing in Hungary would be released and would be able to remain in Hungary. Where this is not the case, the person may receive a residency or entry ban for either a limited period (e.g. up to 5 or 10 years) or even an indefinite period, either for the Republic of Hungary only but sometimes for the whole of the Schengen area. For information pertaining to this please ask your prison social services to liaise with authorities, particularly the National Directorate-General for Aliens Policing, well in advance of your release.

Deportations are generally organised by the immigration authority; the Embassy’s involvement is very limited. However, when there is a need for a valid travel document to facilitate the return, the immigration authority liaises with the Embassy to arrange for one. The cost of the travel arrangements should be covered by the prisoner.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can arrange an appointment with their Resettlement Team when you first arrive back in UK. They can help with for advice, temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

4. Additional information

4.1 Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays  9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

4.2 Glossary of terms

Useful legal terms

Prison Governor – Börtönigazgató

Social Worker – Szociális munkás

Detainees Caseworker - Nevelő

Public Prosecutor - Államügyész

The Examining Magistrate - Vizsgálóbíró

The Court – Bíróság

High Court - Legfelsőbb Bíróság

Appeal Court – Fellebbviteli Bíróság

Supreme Court – (Kúria) Legfelsőbb Bíróság

Key phrases – English into Hungarian

A visit permit – Látogatási engedély

A visit – Látogatás

Prison register number – Börtön nyilvántartási szám

Prison cell – Börtöncella

Time to take a walk – Sétálási idő

Good behaviour – Jó magaviselet

Letter – Levél

Writing-paper – Papír 

Biro/Pen – Golyóstoll

I would like to make a request for legal aid – Szeretnék jogsegélyt kérelmezni

How do I book a family visit? – Hogyan tudok családi látogatást foglalni?

I would like to book a family visit – Szeretnék családi látogatást foglalni

The person deaing with mail in prison – A személy, aki a postával foglalkozik a börtönben

I would like to buy a stamp – Szeretnék bélyeget venni

Have I received any letters? – Jött levelem?

Have my letters been sent? – Elküldték a leveleimet?

I would like to write to my family – Szeretnék írni a családomnak

How much does it cost to send a letter to the UK? – Mennyibe kerül levelet küldeni Angliába?

Months / Hónapok

January – január 

February – február

March – március 

April – április

May – május

June – június 

July – július 

August – augusztus 

September – szeptember  

October – október 

November – november 

December – december

Days / Napok

Monday – hétfő

Tuesday – kedd

Wednesday – szerda

Thursday – csütörtök

Friday – péntek

Saturday – szombat

Sunday – vasárnap

Numbers / Számok

1 egy

2 kettő

3 három

4 négy

5 öt

6 hat

7 hét

8 nyolc

9 kilenc

10 tíz

11 tizenegy

12 tizenkettő

13 tizenhárom

14 tizennégy

15 tizenöt

20 húsz

21 huszonegy 

30 harminc

40 negyven

50 ötven

60 hatvan

70 hetven

80 nyolcvan

90 kilencven

100 száz

500 ötszáz

1000 ezer

10 000 tízezer

100 000 százezer

1 000 000 millió

General / Általános

Today – ma

Tomorrow – holnap

Yesterday – tegnap

Next week – jövőhét

Hello – szia

Goodbye – viszontlátásra 

Please – kérem

Thank you – köszönöm

I understand – értem 

I do not understand – nem értem  

What is this? – mi ez? 

What should I do? – mit csináljak?

Can you help me? – segítene?

Thank you for your help – köszönöm a segítségét

Food / Élelmiszer

Breakfast – reggeli

Lunch – ebéd

Dinner – vacsora

Meat – hús

Fish – hal

Potato – burgonya

Vegetables – zöldség

Fruit – gyümölcs

Egg – tojás

Water – víz

Milk – tej

Tea – tea

Coffee – kávé

Bread – kenyér

Pasta – tészta

Rice – rizs

Sugar – cukor

Salt – só

Pepper – bors

Are you hungry – Éhes vagy?

Do you want something to eat? – Kér ennivalót?

What are we having to eat today? – Mit eszünk ma?

Have you finished eating? – Befejezte az evést?

I am a vegetarian – Vegetáriánus vagyok

Time / Idő

What time is it? – Hány óra van?

It is 8 o’clock/8 a.m. – nyolc óra van

It is 3 o’clock/3 p.m. – három óra van

At 10 a.m. – 10 órakor

At 4 p.m. – 16 órakor

Health/Hygiene / Egészség/Higiénia

Ache(s) – fáj or fájdalom

Headache – fejfájás 

I feel well – jól érzem magam

I feel ill – betegnek érzem magam

I feel better – jobban érzem magam

The doctor – az orvos

The dentist – a fogorvos

I would like to see the doctor/the dentist – az orvos/fogorvoshoz szeretnék menni

Soap – szappan

Toothbrush – fogkefe

Toothpaste – fogkrém

Towel – törölköző

Facecloth – arckendő

Clothes – ruhák

I would like to have a shower – zuhanyozni szeretnék

When will it be possible to have a shower? – Mikor lehet zuhanyozni?

The barber/hairdresser – fodrász/fodrászat

I would like to have my hair cut – hajvágást szeretnék

How and when can I wash my clothes – hogy és mikor lehet ruhákat mosni?

4.3 Annex

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

List of English-Speaking Lawyers

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=Hungary

List of Private Translators/Interpreters

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters?country=Hungary

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment

Disclaimer

This booklet was compiled by British Embassy Budapest. It is revised on a regular basis.

The British Embassy in Hungary is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time. If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.

This information is not meant to be definitive and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

The Foreign, Commonwealth & Development Office (FCDO) provides lists of service providers for information only, to assist British nationals who may need support overseas. The lists are not exhaustive, and are subject to change at any time. None of the service providers are endorsed or recommended by the FCDO. You should research whether a service provider will be suitable. The FCDO does not accept any liability arising to any person for any loss or damage suffered through using these service providers or this information.