In the frame of EIO/MLA, a person may be heard as a witness if he may have knowledge concerning a fact to be proven. A witness shall be obliged to testify unless an exception is made in the CCP. During the execution of the required hearing, the person to be heard shall also be warned to the grounds for exemptions to provide witness testimony and his procedural rights and obligations set out in the Hungarian CCP.
The following persons shall not be interrogated as a witness:
a) the defense counsel concerning any fact he learned or communicated to the defendant in his capacity as defense counsel,
b) the church personnel or members of a religious association who perform on a professional basis religious rites concerning any fact covered by their professional obligation of confidentiality,
c) any person who clearly is unlikely to testify correctly due to his physical or mental condition,
d) a person who has not been discharged from his obligation of confidentiality concerning any classified data.
The witness should be warned to the legal consequences of perjury and unlawful refusal to testifying.
It may be allowed for the witness to provide a testimony in writing after, or in place of, being interrogated orally.
Minor:
A person under the age of 14 may only be heard as a witness/victim, if there is no alternative to the expected evidence, and it shall be carried out by the same person each time, possibly in a child-friendly hearing room and via videoconference. An audio-visual recording shall be prepared and the hearing may be attended by a judicial psychologist expert. A witness testimony made by a person who has not attained the age of eighteen years may not be subject to instrumental credibility examination. The confrontation of a witness under the age of fourteen years may not be ordered. The defendant and the defense counsel shall not be allowed to be present in person at the location of the hearing of a minor.
Specially protected witness:
A witness may be declared specially protected if a) his testimony is related to the substantial circumstances of a case of considerable gravity,
b) there is no alternative to the evidence expected from his testimony, and
c) the life, physical integrity, or personal freedom of the witness or his relatives would be exposed to grave threats if his identity or the fact that he was interrogated as a witness would be revealed.
In the course of carrying out a procedural act requiring the participation of a specially protected witness, it shall be ensured that the specially protected witness cannot be identified. The presence of a specially protected witness at a procedural act may be allowed to take place via videoconference, provided that doing so does not pose any risk of revealing the identity of the witness. While doing so the witness may refuse to testify regarding any data based on which conclusion can be drawn regarding his identity, home address, contact address, or actual place of residence. In the course of interrogating the specially protected witness, the credibility of the witness, the reliability of his knowledge, and all circumstances possibly affecting the trustworthiness of his testimony shall be examined and verified.
Defendant:
In the frame of EIO/MLA, the hearing of a person as a suspect may be required. The defendant shall also be informed about his rights under the Hungarian CCP and advised that
a) he is not obliged to give a testimony; he may refuse to testify and to answer any question at any time during the interrogation; but he may decide to testify at any time, even if he refused to do so earlier,
b) refusing to testify does not hinder the continuation of the proceeding or affect the right of the defendant to ask questions, make observations, or file motions,
c) if he testifies, anything he says or makes available may be used as evidence,
d) he may not accuse falsely another person of having committed a criminal offence, and he may not violate any right to respect for the deceased by stating any false fact.
If the defendant wishes to give a testimony, he shall be granted an opportunity to give his testimony without interruption, and then he may be asked questions.
After being warned, the suspect shall be informed of the facts constituting the suspicion and their legal qualification under the Criminal Code during the interrogation. After communicating the suspicion to the suspect, a complaint may be filed against the suspicion communicated.