Hungary: Whether police issue a letter to complainants at the close of a police investigation; whether the letter states if complainants can request copies of the investigation file
|Publisher||Immigration and Refugee Board of Canada|
|Publication Date||10 July 2012|
|Citation / Document Symbol||HUN104118.E|
|Related Document||Hongrie : information indiquant si la police remet une lettre au plaignant lorsque l'enquête policière est close; si la lettre précise si le plaignant peut demander une copie du dossier d'enquête|
|Cite as||Immigration and Refugee Board of Canada, Hungary: Whether police issue a letter to complainants at the close of a police investigation; whether the letter states if complainants can request copies of the investigation file, 10 July 2012, HUN104118.E , available at: http://www.refworld.org/docid/5036023434e.html [accessed 8 March 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In a form providing instructions to people who are victims of a crime, the Hungarian National Police indicates that after a complaint is submitted to the police, the victim receives a reference number that can be used to obtain information from the police department regarding the result of the investigation (Hungary n.d.). The police also note that documents regarding a police investigation can be purchased at police stations (ibid.).
In 29 June 2012 correspondence with the Research Directorate, a representative of the Hungarian Helsinki Committee (HHC) noted that "the investigation into a police complaint shall be closed by a formal decision which has to be sent to the complainant who can request the judicial review of the decision."
According to the HHC representative, there is no official format of the letter issued at the close of an investigation, but its content is legally regulated (HHC 29 June 2012). Article 72 (1) of the Administrative Procedure Act specifies that the following information should be included in all such letters:
a) the name of the proceeding authority, the name of the official in charge of the case and the number of the case,
b) the name and address of the complainant and other personal data provided by the complainant,
c) the subject of the case
d) in the operative part of the decision
da) the decision of the authority, the possibility of legal remedy and where and until when it can be submitted,
db) in case an authority with special expertise was involved in the procedure, its name and the operative part of its decision,
dc) the cost of the procedure (police complaints are free of administrative fee)
e) in the reasoning
ea) the facts established by the authority and the evidence supporting them,
eb) the evidence offered by the complainant which was refused by the authority and the reasons for refusal,
ec) in case the decision was delivered in discretionary competence, the aspects and facts relevant when exercising discretion,
ed) the reasoning of the decision of authority with special expertise,
ee) the legal regulations providing as the basis of the decision,
ef) the legal regulations establishing competence of the proceeding authority,
f) the place and date of delivering the decision, the name and official position of the person delivering the decision,
g) the signature of the person delivering the decision and official stamp. (HHC 29 June 2012)
In addition, the HHC representative stated that it is not written in the letter whether or not copies of the investigation file can be requested (ibid.).
Corroboration could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Hungarian Helsinki Committee (HHC). 29 June 2012. Correspondence sent to the Research Directorate.
Hungary. N.d. Hungarian National Police. "In Case You Become a Victim of a Crime."
Additional Sources Consulted
Oral sources: The following sources could not provide information for this Response: a professor of law at the Eotvos Lorand University (ELTE), a member of the Constitutional Court of Hungary, Victim Support Department of the Justice Service of Ministry of Public Administration and Justice.
The Embassy of Hungary in Ottawa did not reply within the time constraints of this Response.
The following sources could not be reached within the time constraints of this Response: National Institute of Criminology, National Police Headquarters, and an international lawyer at ELTE.
Internet sites, including: Hungary - Ministry of the Interior, Ministry of Justice, National Institute of Criminology, National Police; Interpol; Organization for Security and Co-operation in Europe.