Aftermath of Sziget Festival in Budapest

Aftermath of Sziget Festival in Budapest

A foreigner from another EU-State was caught during the Sziget Festival with the possession of a smaller amount of light drugs. He was first put in custody, but then released after the police took all his personal data. He could have attended the festival, but lost interest and went home – scared of the consequence the incident might have for him.

Month later he got a letter from Hungary. It was only the report about the confiscation of the substances – but still stirred the young man so much that he picked up contact with us.

After getting the authorization from the client we got a copy of the relevant documents and soon it turned out that the substance of the drugs were within the smallest category, which meant already that the punishment to be expected would probably not be prison, rather a fine. but still the case needed proper and competent work from the side of the defense.

Again some months later we got the decision from the court – suspended punishment for a year. No court hearing needed, no further difficulties or consequences – yet no more violation of Hungarian laws, otherwise a punishment would have to be declared. 

Good ending of an unpleasant story. Which should teach us some lessons:

  • Immediately react when you get official post from Hungarian authorities.
  • Turn to a competent lawyer with whom you speak the language. 
  • Take the case seriously – but don’t panic! 
  • And stay away from drugs in Hungary – it might have unpleasant consequences!

If you need help in a criminal case in Hungary, do not hesitate to contact us here

Német ügyvéd

Dr. Donat Ebert
Rechtsanwalt (D)
Ügyvéd (HU)
office-ebert@email.de

Fatal accident on Hungarian motorway

Fatal accident on Hungarian motorway

Fatal accident on Hungarian motorway – one year suspended for the client.

Every summer thousands and thousands of foreigner pass through Hungary on their way home or come here to spend their holiday in Budapest or elsewhere. And tragically many of them suffer an accident.

The accident that happened in our case was particularly tragic. Five people injured, one person died on the spot – he had not fastened his safety-belt.

The client himself – a foreigner on the home to a remote country – did not get injured. But suffered mentally and emotionally from what had happened.

We found a very correct court with an understanding and open judge. Who weighed the evidence and in her verdict stated that the client had been inattentive, probably from being tired. And thus caused the accident. She sentenced the client to one year in prison, suspended of course, and banned him from driving in Hungary for 1,5 years.

Though we had asked for an acquittal, after short consideration the client accepted the ruling. The sentence became valid – and the client can now try to close this horrible story. As far as possible. 

And I thought again: If you are well-prepared and behave the right way in a Hungarian court, you have a good chance – a very good chance – of getting a fair trial and a fair sentence.

If you have any trouble in Hungary with Hungarian authorities, do not hesitate to contact us here.

Dr. Donat Ebert
Lawyer (HU, D)
office-ebert@email.de

 

 

 

 

Stamp in Hungary

Stamp in Hungary

Today was one of these days: in a criminal procedure we had a hearing whether the client has to stay in detention on remand. We could present an official document from Germany that should have convinced the court to release the client. But, no, the document did not carry a stamp on it. No matter how original the paper was, the stamp was missing. So obviously it was not official. It did not help to argue that in Germany we do not have such a refined cult around stamps. The client had to stay in prison. Among others because of the missing stamp.

So if in Hungary you have to present an official stamp from another country, you should take care that the issuing office puts a stamp on it. Otherwise there is a high danger – or rather likelihood – that the Hungarian authorities will not accept it. No joking.

I am tempted to put my own stamp on it and have prepared for that: 

stamp-1286277_1280

But this was a joke. Do not do that. Otherwise you might get arrested for falsification of documents. 

So, accept it the way it is in Hungary. Make sure the official at home puts a stamp on the document. 

If you have any problems with Hungarian authorities, you can pick up contact with us here

Dr. Donat Ebert Rechtsanwalt Lawyer in D and HU office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt
Lawyer in D and HU
office-ebert@email.de

 

Prison in Gyula Hungary

Prison in Gyula Hungary

Gyula is a small town in South-East Hungary with a bit more than 30.000 inhabitants. 

Because the border with Romania is not far away from Gyula, criminal procedures against foreigners are often connected to trafficking in human being and in drugs, counterfeiting of merchandize (piracy of products) and use of falsified traveling documents as well as illegal crossing of borders. 

The prison in Gyula – as you can see on the picture above – is an old building, the conditions in the prison are not very good. More than 10 inmates could be in one cell, a lot of different languages are spoken by the prisoners.

So far I have not been informed about any incidents involving violence inside among inmates. 

You find the website of the Prison Gyula here, though I doubt that calls in any other language than Hungarian can be answered properly.  

If you have an issue around Gyula, Hungary, we can help you in English. You will find all contact details here

Dr. Donat Ebert Rechtsanwalt - Ügyvéd hungarianlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Ügyvéd
hungarianlawyer@email.de

Criminal Procedure in Gyula Hungary

Criminal Procedure in Gyula Hungary

Gyula is a small town in South-East Hungary with a bit more than 30.000 inhabitants. 

Because the border with Romania is not far away from Gyula, criminal procedures against foreigners are often connected to trafficking in human being and in drugs, counterfeiting of merchandize (piracy of products) and use of falsified traveling documents as well as illegal crossing of borders. 

On the picture you see the building of the Prosecutor´s Office in Gyula. 

If you have an issue around Gyula, Hungary, we can help you in English. You will find all contact details here

Dr. Donat Ebert Rechtsanwalt - Ügyvéd hungarianlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Ügyvéd
hungarianlawyer@email.de

Basic Court in Békéscsaba, Hungary

Basic Court in Békéscsaba, Hungary

Békéscsaba is a small town in the South-East of Hungary with a bit more than 60.000 inhabitants. For more information check here

The Basic Court („járásbíróság“) has jurisdiction in civil and criminal cases.

In criminal cases the court has importance through the border with the Romania in the vicinity of the town. Therefore most criminal cases deal with trafficking in human beings, illegal crossing of borders, smuggling of goods – product piracy, cigarettes, drugs, alcohol -, falsified traveling documents. You find the court of Békéscsaba  here.

The picture shows the „Justitia“ in the garden of the court.

Postal address: 5601 Békéscsaba, Pf. 131.
Address:  5600 Békéscsaba, Árpád sor 4.
Telephone: +36-66/321-211
Telefax: +36-66/322-846
The higher court competent for the basic court is in Gyula.
In case you have a problem at the court in Békéscsaba, you can contact us here
Dr. Donat Ebert Rechtsanwalt Lawyer in D and HU office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt
Lawyer in D and HU
office-ebert@email.de

court-sentence in Hungary – take notice of it

Court-sentence in Hungary – take notice of it

After announcing a sentence in Hungary – be it a civil or criminal case, the judge often asks whether the parties appeal or „take not (or notice) of the sentence“. And if you are unlucky the interpreter will translate it literally without further explanation.

And probably the party will think „well, of course, I have heard and understood it, so what?“ and might say „yes“. 

What interpreters might themselves not know and/or omit to tell you is that in the Hungarian court-jargon, „taking note or notice of a sentence“ means „accepting it“, so you renounce the right to appeal. 

Though I am German and not a Hungarian native speaker, I am convinced that this is also in Hungarian languagewise nonsense. „To take note of something“ means „perceiving it“ without any appreciation or other evaluation. And so far no Hungarian has been able to explain to me, why in the court it could possibly mean „accepting the sentence“.

What do I want to tell you with this?

It is of utmost importance that when you are involved in a court- or other official procedure in Hungary, you have are accompanied – or better and wiser: represented – by someone who is absolutely familiar with Hungarian and English. Otherwise you might be in for a really unpleasant surprise. You should not risk that!

There are many competent, good English-speakers among the Hungarian colleagues, so it does not have to be me. But if you think it could be me, then you can pick up contact with us here

Dr. Donat Ebert Rechtsanwalt Lawyer in D and HU office-ebert@email.de

Dr. Donat Ebert
Lawyer in D and HU
office-ebert@email.de

Remanded in Hungary

Remanded in Hungary

The short video gives you basic information: 

If you have an issue with a Hungarian Criminal Procedure, we can assist you in English. Do not hesitate to get into contact with us here

Dr. Donat Ebert Rechtsanwalt - Ügyvéd hungarianlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Ügyvéd
hungarianlawyer@email.de

Sziget Festival in Budapest – first party then criminal procedure

Sziget Festival in Budapest – first party then criminal procedure

As a local in Budapest living in the centre, you don’t have to check the calendar or read the news: you will realize, when it is „Sziget season“. The city is full of young – or not so young – people who come here to have fun and enjoy music, party and life. Well, sometimes I think you could take off your big rucksacks while traveling on the metro or look around a bit and pay more attention to elderly joggers like me. But apart from that Sziget season is fine. It brings color and good mood to the city. And a different atmosphere than the xenophobe climate Hungarian government is recently trying to spread. 

But Sziget also brings some kind of trouble to a number of partiers. Because Hungary is following a „zero tolerance“ approach towards any kind of drugs, including „soft drugs“. And quite a lot of Sziget visitors get caught with them. 

Do not ask me, why Hungary – as very many countries – tolerate when people blow off their brains with alcohol and follow a very strict course, when it is about other substances. This is not for me to decide. And I do not want to comment here.

What I can tell you here is that if you got caught and you realize there is some kind of criminal procedure coming up against you, do take it seriously! Hungarian authorities can be dealt with, even if they sometimes seem not really too fair towards suspects. I have heard a lot of justified complaints about this. But – at least in my experience – latest the courts are fair. They are bound, of course, by strict laws. The court procedure – if it comes to that – will be fair. Strict, but fair. 

What is by far the worst you can do is not to take it seriously. A criminal procedure in Hungary is a serious thing – and if you ignore it, they will make you realize that they are serious:

If you ignore summons from Hungary – I have written a lot about that here already – or do not answer official letters, there might be a bad ending to your story. I am not saying this to scare you, but Hungarian Courts are quick to issue a European Arrest Warrant – even for comparatively trifles. I have seen that many times.

You do not have to mandate me. There are numerous good criminal defenders in Budapest and the rest of Hungary who speak good English. You will find them on the internet.

What is important is that you do your part, look for a colleague who write in English in his/her website, get into contact with him/her, make sure s/he understands you fully and the other way round and get rid of the trouble through the lawyer.

The money it costs is a pain in the neck, we are all aware of it. But, believe me, it is well invested money. And this money saves you a lot of trouble, energy, sleepless nights. To you and your loves ones. Believe me.

If you need me, you can contact me here.

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Lawyer (HU, D)
office-ebert@email.de

 

Criminal Procedure in Hungary – a video

Criminal Procedure in Hungary – how can we help you

Criminal Procedure in Hungary: Some people prefer to listen to information and see things rather than just reading them. Maybe you also get a better impression if you hear the voice of a person and you could get a better basis to judge, whether this could be the right lawyer for you. 

You can find a short video with some slides on how we can help, if you have an issue in connection with a Hungarian criminal procedure. 

Just click here for the video. 

If you have any further questions, do not hesitate to contact us here

Dr. Donat Ebert Rechtsanwalt - Lawyer germanlawyer@email.de

Hungarian criminal procedure

Hungarian Criminal Procedure

If you are subject to a Hungarian criminal procedure, there is one mistake you must avoid: Not taking it seriously!

Follow summons by Hungarian Courts or other Authorities!

This also includes summons by the Hungarian police. You are obliged to appear before the Hungarian police if they summon you, particularly as a suspect. If you do not, Hungarian authorities are quick to issue a European Arrest Warrant. Which will be executed in all EU-countries that are party to the respective Frame Decision. Which means the national police of the EU country where you are found will arrest you. No matter how absurd the Arrest Warrant may seem. The national authorities have practically no right to question its legality! And that means you will be in custody for a time of minimum around thirty days – before you are handed over to the Hungarian police. 

Of course you have the right to be represented by a Hungarian lawyer in any phase of a Hungarian criminal procedure against you. But it is of highest importance that you can communicate properly with your lawyer. You should not be satisfied with someone whom you can communicate „okay“ with. Every word, every nuance can count. 

If you have an issue with a Hungarian Criminal Procedure, do not hesitate to contact us here.

Dr. Donat Ebert Hungarian Lawyer hungarianlawyer@email.de

Dr. Donat Ebert
Hungarian Lawyer
hungarianlawyer@email.de

Pest Central District Court

The Pest Central District Court in Budapest

The Pest Central District Court (PKKB, Pesti Központi Kerületi Bíróság) is one of 119 local courts in Hungary and one of the biggest in Europe.

The address is: 1055 Budapest, Markó u. 25, phone (switchboard): 00-36-1-354 6000. You should not count on being understood in English. 

The local courts – and thus the PKKB – are generally competent in criminal cases, unless the law expressly order otherwise. This is the case for felonies with a punishment of up to 15 years imprisonment. Crimes against life belong within the competence of the regional courts. 

The penal power of a single judge goes up to 8 (!) years of imprisonment, above that a single professional judge with two lay judges will sit.  

In civil cases the local courts have competence up to value of 30 million HUF, which corresponds to about 96.000,- €, 75.000,- GBP or 108.000,- USD (!). 

In case you have a procedure before the PKKB or any other Hungarian Court, you can contact us here. I can plead your case before any Hungarian Court. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D and HU) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer
(D and HU)
office-ebert@email.de

Hungarian Courts

Hungarian Courts – a personal impression after more than 10 years as Hungarian practitioner

One thing to start with: Hungarian judges can be downright bad-tempered when they feel that they are not taken seriously, particularly when parties or even defendants from abroad do not appear in court, though they were correctly summoned. And Hungarian Courts can then be quite quick to issue a  European Arrest Warrant, maybe they are more quick with that than German Courts would be.This is definitely a situation you should avoid. 

But apart from that I could not report general bad experience. Most Hungarian judges are competent, fair and correct. Punishments can be higher than in other countries, but you can observe this in other parts of Europe as well. For example Spain. 

What I have never experienced is any case of corruption. It might occur, but it never has in my practice. 

Therefore you should not listen to any rumors of having to bribe judges here. You cannot „buy“ an acquittal or a mild sentencing. If anyone tries to make you believe this, do not listen. 

You can basically trust in the Hungarian justice system. As everywhere of course you need a competent and committed lawyer. But these we also have in Hungary. 

If you have any legal issue in Hungary, see to it that you get proper advice and do not have any language problem. The Hungarian Courts will give you a fair trial.

If you have any legal issue in the field of Hungarian  inheritance law or criminal law, particularly are the subject of a criminal procedure in Hungary, you can contact us here. But also if you have any other legal issue, do not hesitate to turn to us. We can either help or recommend you to a good Hungarian colleague.

Dr Donat Ebert Rechtsanwalt office-ebert@email.de

Dr Donat Ebert
Rechtsanwalt – Lawyer
office-ebert@email.de