As a victims’ lawyer and compensation lawyer in Budapest, I help people affected by crime: assault, domestic violence, harassment, theft, fraud and other offences. I believe victims must receive proper legal support in criminal proceedings and that their rights must be fully enforced.
Criminal proceedings focus primarily on the offender’s liability. The victim’s interests are easily overlooked without someone who knows the procedure and takes the necessary steps on time.
Who counts as a victim?
Under the Criminal Procedure Act, a victim is a person whose rights or legitimate interests were harmed or endangered by the offence. If the victim has died, their rights may be exercised by a direct relative, spouse or partner, sibling or dependant.
Victims' rights in criminal proceedings
Victims have the right to:
- attend procedural acts where the law permits;
- access the documents concerning them and submit motions and remarks;
- request information on the status of the case and the decisions;
- file an objection against the rejection of the criminal complaint or the termination of the investigation;
- submit a civil claim for compensation;
- state whether they wish the offender to be punished;
- request special treatment if their vulnerability justifies it.
Filing a criminal complaint
A complaint can be filed orally or in writing at any police station or with the prosecution. A well-prepared complaint describes exactly what happened, names the witnesses, attaches evidence (medical report, photos, messages, invoices) and states the amount of loss. This makes the investigation faster and more effective.
Some offences, such as minor assault, can only be prosecuted upon a private motion. As a rule, it must be filed within 30 days of the day the victim learned who the offender is. If it is not filed, the offender cannot be held liable.
Private prosecution
Insult, defamation and in some cases minor assault are privately prosecuted offences. Here the victim, not the prosecution, brings the charge before the court as private prosecutor. I represent private prosecutors as well.
If the case is dropped: substitute private prosecution
If the authority rejects the complaint, terminates the investigation or the prosecution drops the charge, the victim may, under certain conditions, act as substitute private prosecutor. Legal representation is mandatory in this case: the victim can only proceed through a lawyer.
Damages and non-pecuniary compensation
As a compensation lawyer, I pursue your claim in two ways:
- Civil claim within the criminal case. The victim may request compensation in the criminal proceedings, so the criminal court decides on it. This is faster and cheaper than a separate lawsuit.
- Separate civil action. If the criminal court does not rule on the claim or refers it to other proceedings, I pursue damages and non-pecuniary compensation in a civil action.
Damages cover financial loss: medical costs, loss of earnings, the value of damaged or stolen property. Non-pecuniary compensation is due for the violation of personal rights, such as physical integrity, health or reputation. It does not require proof of specific loss, only of the violation itself.
Victims of intentional violent crimes against the person may also apply for state compensation from the Victim Support Service if the offender does not pay.
Protection from the offender: restraining orders
In cases of domestic violence or harassment, a restraining order may be issued in the criminal proceedings, prohibiting the offender from approaching or contacting the victim. In domestic violence cases, the police may issue a temporary protection order and the court a preventive restraining order. I help initiate these as well.
How victim representation works
- First conversationWe go over what happened and what your rights are. Everything you say is privileged.
- Gathering evidenceMedical report, photos, messages, invoices, witnesses: we record everything that proves the offence and the loss.
- Complaint or joining the caseI file the complaint or register as your representative in proceedings already under way.
- RepresentationI attend interviews, confrontations and hearings, and file motions.
- Compensation and enforcementI enforce the compensation claim and, if the offender does not pay, represent you at the enforcement stage.
“My aim is to ensure that victims’ rights are fully upheld and to achieve an effective remedy for the harm suffered, using every legal means available.”
Frequently asked questions
Does a victim have to hire a lawyer?
No, a victim can take part without a lawyer. The exception is substitute private prosecution, where representation is mandatory. With a lawyer, however, deadlines, motions and compensation claims are enforced far more reliably.
How long do I have to file a complaint?
A complaint can be filed until the offence becomes time-barred, which depends on its seriousness. For offences requiring a private motion, it must be filed within 30 days of learning who the offender is. Act early, as evidence is lost over time.
What is non-pecuniary compensation and how much can it be?
It is compensation for the violation of personal rights. The court sets the amount based on the seriousness and repetition of the violation and its impact on the victim.
What if the offender does not pay?
We initiate enforcement based on the final decision. Victims of violent crime may also apply for state compensation from the Victim Support Service.
Can the lawyer attend the interview and confrontation?
Yes. The victim’s representative may attend the victim’s interview and any confrontation, and ensures the victim is not put under unnecessary strain.
Are you a suspect? Criminal defence