Category: criminal law

No one can be considered guilty until their guilt has been established by a final court decision.

This is often referred to, and almost always incorrectly. So it is not that everyone is considered innocent until proven guilty, but that they cannot be considered guilty. This is a very small but very important difference in wording.
Of course, criminal liability can only be established if it has been proven beyond reasonable doubt. This is one of the most important legal principles, and it is probably the one that is most frequently violated worldwide.

We often hear this in films. According to our criminal procedure law, we have the right to a defence lawyer at any stage of criminal proceedings. Always keep in mind that when we make a statement, without legal knowledge we cannot decide what will harm us and what will help us.

If we find ourselves in a situation where criminal proceedings have been initiated against us, we should not try to defend ourselves, but seek legal counsel. If we have a serious illness, we go to the doctor and do not try to cure ourselves. Criminal proceedings are a serious matter.
We tend to believe that, as innocent people, we can safely make a statement, but this is a mistake. Unfortunately, judging innocence often goes beyond the knowledge of a layman, and even the most innocent person can be smeared during proceedings. These proceedings are also conducted by people, and they too can make mistakes.

This means that in criminal proceedings, the burden of proof lies with the prosecutor. The defendant is not obliged to prove his innocence, he may even remain silent, and this cannot be held against him.

However, we must always bear in mind that judges are human beings too, and it is only natural for them to think that someone who is innocent will not remain silent but will try to defend themselves.
"Those who remain silent do not say yes, but they certainly do not say no."
In criminal law, this can be translated as follows: those who remain silent do not admit their guilt, but they certainly do not deny the charges.
Therefore, if we are innocent, we should avoid choosing the tactic of remaining silent.

The criminal court only decides on the act that is the subject of the indictment.

It often happens that during a criminal trial, the court discovers other acts, but in the absence of an indictment, it cannot decide on them.

A person commits a crime through negligence if they foresee the possible consequences of their actions but recklessly trust that these consequences will not occur; the same applies to a person who fails to foresee these consequences because they fail to exercise the care or caution that can be expected of them.

There are two forms of negligence: the first is conscious negligence, and the second is carelessness.
Since negligent commission is only punishable for certain offences, the "fine line" between possible intent (not desiring the consequences but accepting them) and conscious negligence (recklessly trusting that the consequences will not occur) can be decisive.

A person commits a crime intentionally if they desire the consequences of their actions or accept those consequences.

The first case is direct intent, the second is so-called eventual intent. Direct intent is necessary for intentional crimes, so its absence can be decisive.

The offence must be judged according to the law in force at the time it was committed.

If, according to the new criminal law in force at the time of the judgement, the act is no longer a criminal offence or is to be judged more leniently, then the new law must be applied; otherwise, the new criminal law has no retroactive effect.
This is one of the fundamental principles of criminal law in a state governed by the rule of law. It can be extremely important, especially in the case of offences whose assessment also depends on the content of other legislation. These are typically economic offences.

A felony is an intentionally committed criminal offence for which the law prescribes a penalty more severe than two years' imprisonment. All other offences are misdemeanours.

One of the key words in this definition is 'intentional'. If I break into a Trabant and steal a car radio worth 60,000 forints, that is a felony. If I cause a road accident through negligence in which thirty people lose their lives, that is a misdemeanour.

A crime can be intentional or negligent. The latter only applies if this is mentioned in the law for the given legal situation.

If we commit a serious crime negligently, but the crime does not have a negligent form, then we have not committed anything!

If my limited liability company or limited partnership has accumulated significant tax debts that it cannot pay, and someone comes along who says they can find a buyer for the company, should we sell it to the buyers they bring in?

Probably not. Many people are unaware that if a business association is unable to meet its tax obligations due to operating at a loss, this does not constitute a criminal offence. However, transferring a company – usually one with significant public debt – to homeless people or foreigners constitutes the crime of forging public documents and, in many cases, tax fraud.