Hungary passes Resolution to prevent undue delays in criminal proceedings

The Hungarian government published Government Resolution 1282/2026 (IX. 3.) on the preparation of measures to prevent undue delays in criminal proceedings to address the excessive length of these proceedings in the nation’s judicial system. 

Under the current framework, years may pass before an investigation into a given offence is concluded, let alone before a final and binding judgment is delivered, a state of affairs that adversely affects the rights and interests of victims, suspects and other participants in criminal proceedings. 

The need for swifter and more efficient criminal proceedings has been widely recognised by the legal profession for some time. The Resolution is seen as a first step in tackling this issue.

Purpose of the Resolution

The government takes the view that all necessary measures should be adopted to reduce undue delays in criminal proceedings. The Resolution mandates the Minister of Justice, with the involvement of the Interior Minister, to examine potential legislative amendments capable of achieving the stated objectives in the short, medium and long term.

Key causes of delays

The Resolution does not identify the specific causes of delays in criminal proceedings, but its commitment to review both the legislative framework and the human and infrastructural resources available to criminal justice institutions suggests delays may be the result of procedural and operational factors. 

In practice, delays in criminal proceedings are typically attributable to the following:

• Organisational and capacity issues: Investigative authorities, prosecution services and courts are already operating under considerable caseloads, which contribute significantly to the slow progress of cases. The situation is exacerbated by unresolved and severe staff shortages within investigating authorities, rising staff turnover and a lack of new recruits.
• Procedural and technological constraints: Lengthy evidence-gathering processes and delays in obtaining expert opinions can significantly prolong criminal proceedings. An increasing number of offences require expert opinions and waiting for these has a negative impact on the speedy resolution of cases.
• Lengthy procedural time limits: Statutory procedural time limits and the possibility of their extension may cause further delays in the conclusion of cases.

Legislative review and proposals

If the review identifies viable legislative amendment options, the Minister of Justice will prepare corresponding draft legislative amendments. Where a proposed amendment falls within the competence of another minister, the Minister of Justice will submit a proposal to that effect.

The review must start immediately, and the deadline for preparing draft legislative amendments is 31 October 2026.

Human resources and infrastructure assessment

The Resolution requires the Minister of Justice, acting in cooperation with the Interior Minister and with the involvement of relevant law enforcement authorities, to assess the human resource and infrastructure requirements necessary to accelerate criminal proceedings.

Summary

The Resolution signals the government's intention to place a great emphasis on the timely completion of criminal proceedings and may pave the way for future legislative and institutional reforms. 

Whether, however, legislative amendments will be sufficient to achieve a meaningful reduction in the duration of criminal proceedings remains an open question. Investigative authorities and courts continue to operate under significant workload, which suggests that organisational capacity and resource constraints may be as important as procedural rules in determining the length of proceedings.

The Resolution's parallel focus on legislative reform, human resources and infrastructure appears to acknowledge that addressing systemic delays will require a broader approach than amending procedural rules.

As reforms are developed, ensuring that the drive for efficiency remains compatible with the procedural guarantees of a fair trial will be particularly important. In this context, legal representatives may play a significant role in safeguarding due process and ensuring that efforts to accelerate proceedings do not come at the expense of the quality and reliability of the criminal justice. 

For more information on this Resolution and judicial reform in Hungary, contact your CMS client partner or the CMS experts who contributed to this article.

The article was co-authored by Belián Ferenc Czeller and Kamilla Rozsnyói.