Law of Evidence at Hungary
In Hungary, the law of evidence is governed by the Civil Procedure Code (Act No. 3 of 1952 on Civil Procedure) for civil cases and the Criminal Procedure Code (Act No. 19 of 1998 on Criminal Procedure) for criminal cases. These codes set out the principles and rules regarding how evidence is presented, evaluated, and used in legal proceedings.
Key Principles of Evidence Law in Hungary:
Burden of Proof:
In civil cases, the burden of proof typically rests on the party making a claim. They must prove the facts upon which their claim is based.
In criminal cases, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt.
Types of Evidence:
Testimonial Evidence: Oral statements by witnesses.
Documentary Evidence: Written documents, contracts, emails, etc.
Material Evidence: Physical objects or items relevant to the case.
Expert Evidence: Opinions of qualified professionals on matters outside the common knowledge of the court.
Admissibility of Evidence:
Evidence must be relevant and lawfully obtained.
Evidence that is obtained through illegal means, such as through violation of a defendant’s rights, may be excluded from consideration.
The court has discretion to assess the weight of the evidence but must follow established principles of justice and fairness.
Rules of Evidence in Criminal Law:
In criminal proceedings, exculpatory evidence (evidence that may exonerate the defendant) must be considered as part of the investigation.
The presumption of innocence is fundamental. The defendant does not have to prove their innocence.
Cross-Examination:
The right to cross-examine witnesses is a fundamental part of the judicial process. In both civil and criminal cases, parties have the opportunity to challenge the credibility and reliability of the evidence presented by the opposing side.
Presentation of Evidence:
Evidence is generally presented during the trial by the parties involved, but there are also provisions for judicial notice, where courts can recognize certain facts without the need for proof (e.g., widely known facts).
Electronic Evidence:
In recent years, Hungary has adapted its rules to incorporate electronic evidence, such as emails, digital documents, and other online content, as admissible in both civil and criminal cases.
Witnesses:
Witnesses are expected to provide truthful testimony. In cases where a witness cannot appear in court, a written statement may sometimes be allowed, especially in civil cases.
Special Rules for Certain Types of Evidence:
In some cases, like family law or employment disputes, there are specific rules or protections concerning evidence, particularly around privacy concerns.
Appeal and Review:
In some situations, if new evidence is discovered after a decision is made, it may lead to the case being reopened or appealed.
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