Hungary - Office of the Prosecutor General - EJTN

The Organization and Main Responsibilities of the Hungarian Prosecution Service
In Hungary the Prosecution Service performs as a contributor to the administration of justice and shall be an independent constitutional organisation subject exclusively to law. The Prosecution Service shall be headed and directed by the Prosecutor General, who being elected by the Parliament for a term of nine years shall be accountable to the Parliament in terms of public law and shall present an annual report on his or her activities to the Parliament.

The prosecution service in Hungary shall comprise the following organs:

a) the Office of the Prosecutor General;
b) appellate chief prosecution offices;
c) chief prosecution offices; and,
d) district prosecution offices.

The Prosecutor General and the prosecution service are independent, and as a contributor to the administration of justice shall have the exclusive competence to enforce the state’s claim to punish crimes. Within its scope of activities the prosecution service shall prosecute crimes and other unlawful acts or omissions, and it shall also assist the prevention of unlawful acts.

The Prosecutor General and the prosecution service shall:

a) exercise rights in connection with investigations pursuant to statutory regulations;
b) represent public accusations in court proceedings;
c) supervise the legality of the execution of punishments; and,
d) as the protector of public interest exercise other functions and competences defined by the Fundamental Law and other legal stipulations.

In order to protect public interest, the Prosecution Service shall participate in ensuring that every person observes the law. If legal regulations are violated, the Prosecution Service shall take action to protect legality in the cases and in the manner specified by legislation. Unless otherwise provided for by law, the Prosecution Service shall act whenever the body designated to terminate the illegality fails to take the necessary measures despite its duties laid down in the Fundamental Law, in other acts or legal regulations or in legal instruments issued to regulate a public body or whenever the prevention of the impairment of rights arising from malfeasance demands immediate action from the Prosecution Service.