Hearing by videoconference is possible of defendant, witness or expert.
The defendant may only be heard by videoconference with his prior consent. The defendant to be heard by videoconference can give his consent to the interrogation in written form, or via an oral statement to be made before the court or the prosecution service that should be included in the minutes.
EIO/Request issued for this purpose shall be executed by the competent district court or district prosecution office, in the jurisdiction of which, the defendant’s or witness’ actual residence or the expert’s actual residence or his seat can be found. If these are not known, the Central District Court of Pest or the Metropolitan Chief Prosecution Office of Budapest has competence and jurisdiction to execute the requested hearing.
The EIO/Request should contain the details of the execution regarding the hearing, and the procedural rules to be applied. Rights of the defendant under the issuing state’s law should be included into the EIO. In case of a witness hearing, information shall be provided on the obstacles to testifying. As for an expert hearing, information shall be provided on the rules on exclusion of experts in the EIO.
In addition to the general grounds for refusal, the execution of an EIO can be refused if, the defendant to be heard refuses to give consent to the hearing via videoconference, or the hearing in the particular case would be contrary to the basic principles of the Hungarian legal system.
During the execution of the required hearing via videoconference to be carried out by the issuing authority, the person to be heard shall also be warned to his right to refuse giving statement or testifying or to assisting and giving opinion under the Hungarian CCP.
Upon the issuing authority’s request the judicial authority executing the EIO may take measures to protect and assist the person requiring special treatment (minor, person with disability) and to be heard, especially by:
-ordering to distort all identifying personal features of the person concerned by technical means when using a telecommunication device;
-restricting, under this Act, the right of a defendant or a defence counsel to attend a procedural act,
-restricting the right to ask questions of a person, who attends a procedural act involving the person concerned, by permitting that motions for questions be submitted,
- ordering, ex officio, to process the personal data of the person concerned confidentially,
- initiating the personal protection for the person concerned.