Team Hungary Newsletter: Results of the DigiRights Research Project

As part of the DigiRights project, we conducted legal analysis and empirical research to map the effects of digitalisation on the right to defence and all related rights – including the right to interpretation and translation, access to case files, legal representation, and the right to be present at trial.

Our colleagues working on the project, András Kádár and Lili Krámer, reported the key research findings in an English-language newsletter available on the project’s website here: https://www.digirights.net/post/digirights-newsletter-no-6-report-from-team-hungary.

The newsletter elaborates on the following findings:

• Rapid digitalisation process – In recent years, the digitalisation of criminal proceedings in Hungary has significantly accelerated, particularly with the widespread adoption of remote hearings.
• Focus on cost efficiency – One of the main drivers behind introducing remote hearings is cost efficiency, especially from the perspective of penitentiary institutions.
• Initial professional resistance, followed by acceptance – Initially, professionals in the criminal justice system were resistant to remote hearings. However, due to technological advancements and practical benefits, they have become increasingly accepted in professional circles.
• Fair trial concerns – Despite the practical benefits of remote hearings, significant concerns remain regarding the right to a fair trial, particularly concerning the principle of immediacy. Ensuring the effective participation of defendants in proceedings conducted via remote hearings is also challenging. Our research identified good practices among judges to address these issues.
• Ongoing challenges – The digitalisation process still faces unresolved challenges, such as the complexity of operating the systems and gaps in the digital competencies of both professionals and affected individuals. The principle of immediacy being compromised in remote hearings and detainees’ limited access to case files are among the issues awaiting solutions.
• Confidential communication concerns – Professionals and affected individuals are not convinced that communication between a defendant and their lawyer during remote hearings is truly confidential due to technical limitations, raising potential concerns about attorney-client privilege and the right to defence.
• Electronic document management – Although significant progress has been made in electronic document management in recent years, technical and practical issues remain to be resolved in this area.

Funded by the Justice Programme (JUST) (2021–2027) of the European Union. Project No. 101056667.
The documents of this project represent the views of the author(s) only and are their sole responsibility. The European Commission does not accept any responsibility for the use that may be made of the information it contains.