Hearing by telephone conference is possible only of witness or expert. Hearing of accused/defendant by telephone conference is not admissible.
EIO issued for this purpose shall be executed by the competent district court or district prosecution office, in the jurisdiction of which, the 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 should contain the details of the execution regarding the hearing, and the procedural rules to be applied. 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.
The witness or expert to be heard by telephone conference should also be warned to his right to refuse testifying or to his right to refuse assisting and giving opinion under the Hungarian CCP.
In addition to the general grounds for refusal, the execution of an EIO can be refused if the hearing in the particular case would be contrary to the basic principles of the Hungarian legal system.
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 personal protection for the person concerned.