DigiRights project: Hungarian country report

Key findings of the country report:

• Rapid digitalisation: Compared to other European countries, the digitalisation of criminal proceedings in Hungary has taken place at quite a rapid pace.

• Widespread use of remote hearings: One of the main drivers behind the introduction of remote hearings was cost-efficiency, which led to their widespread adoption in Hungary. The prison administration, in charge of transporting defendants in pre-trial detention, exerts strong institutional pressure to increase the use of remote hearings.

• Initial resistance, growing acceptance: Criminal justice professionals interviewed initially expressed or experienced resistance to remote hearings, both on practical and principled grounds. However, due to technological development and practical advantages, these hearings have become increasingly accepted in professional circles.

• Ongoing concerns over fair trial standards: Despite this growing acceptance concerns remain about changes in judicial perception and the potential violation of the principle of immediacy, which appears to be a built-in issue in remote hearings. It is also challenging to ensure the accused’s effective and meaningful participation in the proceedings when they are only connected remotely.

• Challenges with remote interpretation: Technical issues commonly arise when interpreters participate remotely. Their task is further complicated when they are not in the same room as the accused, as the loss of essential elements of non-verbal communication in video calls hinders interpretation.

• Unresolved digitalisation challenges: Some challenges linked to digitalisation remain unresolved. These include the complexity of using the systems, which is often compounded by limited digital skills among professionals and defendants. The erosion of the principle of immediacy during remote hearings is another issue yet to be addressed. The research also highlighted broader systemic problems, such as restricted access to case files for defence counsel and defendants. In particular, defendants in custody face serious barriers to accessing documents electronically, as such access is largely unavailable.

• Confidentiality concerns: There is no consensus among professionals and defendants that communication between lawyer and client is truly confidential during remote hearings, due to technical limitations. This raises concerns about the protection of legal professional privilege and the right to defence.

• Electronic case file management: While electronic case file management has significantly improved in recent years, various technical and practical problems still need to be addressed.