Arrested in Budapest: 72 hours, and the motion that must be filed
Hungary works on a fixed period of detention on suspicion. Where there is a well-founded suspicion of an offence punishable by imprisonment, the police, a prosecutor or a judge may order detention for that period, and a motion for pre-trial detention must be filed with a court before it lapses. If no motion is filed in time, the person must be released.
Distinct police powers exist alongside that one and they are regularly confused, which matters because the clock that counts starts only with detention on suspicion. Being held briefly to establish identity is not the same thing, and neither is detention ordered for reasons of public safety. Getting the description right is the starting point for any advice, so the custody papers should be read rather than summarised from memory. A lawyer and an interpreter are available under the implemented EU directives, and should be asked for expressly.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Detention on suspicion is the measure from which the relevant period runs, and a motion for pre-trial detention must reach a court before that period ends or release follows.
- Short-term arrest for identification and detention for reasons of public safety are separate police powers with their own limits, and describing one as the other produces the wrong advice.
- Pre-trial detention is ordered by the court and reviewed periodically, so an initial decision is not the end of the question even where it goes against the person.
- A lawyer and an interpreter are entitlements under the implemented directives rather than favours, and they should be requested expressly and the request recorded.
- Group weekends arrive here in very large numbers and a single incident routinely produces several suspects, so attribution has to be established for each person separately.
- Nightlife and the ruin bars produce fights, public order matters, intoxication cases and disputes over bills that turn into complaints within minutes.
- A disagreement over a charge in a venue that ends with the police being called is the most common way a visitor here acquires a criminal file rather than a commercial dispute, and what is said in the opening minutes decides which it becomes.
- Hungarian drug law is strict and possession is prosecuted, which catches visitors who assume the position matches that of the country they travelled from.
The Hungarian clock
| Measure | Duration | Note |
|---|---|---|
| Short-term arrest | Up to 8 hours, 12 in exceptional cases | For identification or on apprehension |
| Detention for public safety | Up to 24 hours | A separate police power |
| Detention on suspicion | 72 hours | Ordered by police, prosecutor or judge |
| The motion to the court | Must be filed before the 72 hours lapse | Otherwise release |
| Pre-trial detention | Ordered by the court | Reviewed periodically |
| Lawyer and interpreter | Rights under the EU directives | Ask expressly |
The three separate powers are worth distinguishing, because people describe what happened to them inaccurately and it changes the analysis. Being held for eight hours to establish identity is not the same as detention on suspicion, and the clock that matters starts only with the second.
What actually happens in Budapest
- Stag and group weekends. Budapest receives them in very large numbers, and a single incident routinely produces several suspects — attribution has to be established for each, as set out in the guide on being charged with others.
- Nightlife and ruin bars: fights, public order, intoxication, and disputes over bills that escalate into complaints.
- Bill and taxi disputes, which are the single most common way a visitor here acquires a criminal file rather than a civil one.
- Drugs, where Hungarian law is strict and possession is prosecuted.
- The airport and the corridor towards Austria and the Balkans: customs, cash and alert-based arrests.
- Theft accusations in the centre and on public transport.
The bill dispute point is specific to this city and worth stating: a disagreement over a charge in a venue that ends with police being called can be recorded as an offence rather than a commercial argument, and what is said in the first minutes decides which.
Where an Italian lawyer comes in
Only a lawyer admitted in Hungary can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.
Several distinct powers to hold a person exist here, and only one of them starts the period that governs a detention motion. The table separates them.
| Measure | What it is for | What follows from it |
|---|---|---|
| Short-term arrest | Establishing identity, or apprehension in the act | Release once identity is established, unless more follows |
| Detention for reasons of public safety | A separate police power with its own limit | Release, or a move to detention on suspicion |
| Detention on suspicion | Where a well-founded suspicion of an imprisonable offence exists | The period inside which a motion must reach the court |
| The motion to the court | Seeking pre-trial detention | Release if it is not filed in time |
| Pre-trial detention | Ordered by the court after the motion | Periodic review while it continues |
Frequently asked questions
How long can I be held in Hungary?
Seventy-two hours on suspicion of an offence punishable by imprisonment, and a motion for pre-trial detention must reach a court before that period lapses.
They held me for a few hours to check my identity.
That is a separate and shorter power — up to eight hours, twelve in exceptional cases. The seventy-two hour clock runs only from detention on suspicion.
There was an argument over a bill.
That is the most common way a visitor here ends up with a criminal file rather than a civil dispute. What is said in the first minutes decides which it becomes.
Several of us were arrested.
Attribution has to be established for each person, and accounts agreed between suspects are the fastest route to a further charge.
If this is happening now
First contact is free and covered by professional privilege, at any hour including nights and holidays.
What to do while a detention motion is pending
Hungarian procedure turns on a clock that is easy to describe and hard to live through. Where there is a well-founded suspicion of an offence punishable by imprisonment, the police, a prosecutor or a judge may order detention for a set period, and a motion for pre-trial detention must reach a court before that period lapses. If it does not, the person must be released. The hours in between are when decisions have to be made.
- Talk to the officers, or ask for a lawyer and wait. Talking may calm the situation but fixes a version before counsel has seen the file. Waiting is slower, and the officers may press, yet it keeps the position for the hearing.
- Accept the lawyer assigned, or bring your own. An assigned lawyer can attend immediately but may not know anything about cross-border matters. A lawyer chosen by the family may take longer to arrive but can be briefed in Italian or English. Often the answer is to accept the assigned lawyer for the opening hours and add another lawyer.
- Prepare assurances for the court, or leave the court with the prosecutor's picture. A fixed address, an employer's letter and a relative's undertaking can be offered when the court considers the motion. They cost nothing to prepare and can change the outcome of the hearing.
The family should not guess which clock is running. Short-term arrest, detention for public safety and detention on suspicion are different powers with different periods, and the lawyer needs to say which applies.
Who reads about Budapest custody
Budapest is a city that Italians visit for weekends, conferences, football and nightlife, and the people who find themselves in custody there come from every kind of trip. They share the shock of being in an unfamiliar legal system with a language that no tourist guide prepares you for.
- The visitor after a night out. A dispute in a bar district, a complaint from a stranger or an altercation with a taxi driver ends with the police. The person is held for a short period while officers decide what to do.
- The traveller on a transit route. The city lies on road and rail routes through Central Europe, and checks at roads or stations can lead to an arrest on an alert or on suspicion about goods.
- The family at home. A phone call from a friend or from the embassy tells you that a relative is detained, but nobody can say which power was used or when the period began.
- The resident or worker. An Italian living in Hungary is detained at home or at work. The employer, landlord and neighbours all learn of it immediately.
For each of them the most urgent need is information: which authority ordered the detention, under which of the Hungarian powers, and when the court must receive a motion. The next need is a lawyer who can speak to the person, in a language the person understands, before the clock runs out.
A disagreement over a bill is the classic way a commercial argument here becomes a criminal file. The table compares the paths.
| Step | What turns it into a criminal file | What keeps it a commercial dispute |
|---|---|---|
| The charge is questioned | The argument escalates and the police are called | The disputed amount is paid under protest and documented |
| Contact with staff | Physical contact of any kind, however slight | No contact, and a witness to that fact |
| What is said when officers arrive | A long explanation, given without advice | A short statement that a lawyer will be instructed |
| Leaving the premises | Leaving without settling, which is recorded as an offence | Leaving after payment, with the receipt kept |
| Evidence afterwards | Nobody secures the venue's recordings | Preservation of footage requested in writing |
Budapest custody and ordinary life
A Hungarian detention disrupts everyday life quickly, because the process leaves little time for ordinary arrangements. Even a short detention can cost a job, a lease or a booking.
The workplace is the earliest problem. An employee who does not appear is marked absent, and a manager who learns the reason may not wait for the outcome. A self-employed person loses an appointment, and a worker on a temporary contract may be replaced. A visitor on a short stay loses accommodation, flights and perhaps a conference fee.
Family and money follow:
- Phones, cards and documents may be held by the police, so the person cannot contact the bank or the employer from custody.
- Children or dependants who were with the person need a named adult and a clear plan, particularly if they are minors in a foreign city.
- Relatives travelling from Italy have to book flexible tickets and accommodation, since hearings follow the court's schedule.
- Paying a Hungarian lawyer from Italy requires a transfer that can take days, so ask the lawyer how payment should be made and in what currency.
If the person is released, the passport may be retained and the person may be required to stay in a specified place. A return flight must then be rebooked, and the family should ask the lawyer when travel will be allowed.
What worsens a Hungarian detention
With periods that run in hours, mistakes made early can shape the whole case. The points below describe behaviour that makes the position worse, and they apply to the person held and to everybody outside.
- Do not give a spontaneous explanation. A statement made before counsel has seen the file is the account the prosecutor will compare with all later versions.
- Do not sign what you cannot read. Ask for the interpreter to read it in full, and ask that objections be written on the page.
- Do not trust an informal interpreter. Hungarian is unrelated to Italian, and an unofficial helper can summarise rather than translate, which changes the record.
- Do not discuss the facts in calls from custody. Calls may be heard, and relatives who repeat what they were told create a parallel version.
- Do not delete anything. Wiping a phone, a profile or a chat looks like concealment.
- Do not contact witnesses or the person who made the complaint. A friendly approach can be portrayed as interference.
- Do not hand money to anyone who offers to arrange release. Such offers are the usual form of fraud against families abroad.
Appoint a family member to speak to the lawyer and the embassy. Everyone else can help most by staying off social media and off the phone to the authorities.
Documents for the court that decides on pre-trial detention
The court that receives the motion looks at the suspicion and at the reasons for detention. The documents below address the latter question, and they are quick to gather. Send clear photographs and keep the originals safe.
- Identity and address: passport or identity card, proof of residence in Italy or elsewhere, and any residence permit if the person lives in Hungary.
- What the Hungarian authorities have issued: the record of arrest or detention, the information on rights, any decision, and the name and number of the officer or prosecutor.
- Ties to the home country: employment contract, payslips, a letter from the employer confirming the job, lease or property deed, and school enrolment of children.
- Booking and travel papers: tickets, hotels, tours and receipts, which show the purpose and length of the stay.
- Medical information: prescriptions and a statement of conditions that need treatment.
- Earlier records: any alerts, fines or proceedings in any country, even old ones.
- Contact details of a person in Hungary or nearby who can host the detainee or attend a hearing.
Label each file clearly and note the time it was sent to the lawyer. If the court asks what the defence knew and when, the log helps.
Cases involving visitors here come from a short list of settings. The table sets each beside the point it turns on.
| Setting | Typical case | What decides it |
|---|---|---|
| Group and stag weekends | Several suspects from one incident | Attribution of conduct to each person |
| Ruin bars and nightlife | Fights, public order and intoxication matters | Footage and independent witnesses |
| Bill and taxi disputes | A commercial argument recorded as an offence | What was said and done in the opening minutes |
| Drugs | Possession, prosecuted strictly | Quantity, circumstances and the analysis |
| The airport and the border corridor | Customs, cash and arrests on alerts | Whether a declaration obligation or an alert applied |
| The centre and public transport | Theft accusations | How the identification was made and recorded |
Budapest and Italy: Hungarian as a barrier
Budapest is reached from Italy by direct flights and by road and rail through neighbouring countries, so relatives can arrive quickly. Arrival does not open any door: access is arranged through the authority and the lawyer. A visit for the sake of being present is best postponed until the lawyer says it will be useful.
The language of the proceedings is Hungarian, which has no relationship to Italian and is rarely understood by visitors. English may be spoken by some officers and by many people in the city, but a statement, a record or a court hearing must be conducted in Hungarian, with an interpreter for the person who needs it. That makes the interpreter the most important person in the room after the lawyer, and it is worth insisting that the interpreter's name appears on the record.
Italy has diplomatic representation in the capital. The embassy can confirm the detention, pass messages and ask about conditions. It will not appoint or pay a lawyer or enter into the merits.
When the case has an Italian dimension, the cross-border tasks include:
- translating Italian documents into Hungarian for the court, with certification where required;
- sending originals by tracked courier, because ordinary post is slow;
- agreeing between the Hungarian and Italian lawyers who deals with which authority.
The studio supplies the Italian side and coordinates with Hungarian counsel.
How the studio takes a Budapest case
The studio accepts urgent arrests at any hour, by phone or email, using the contacts on this site. It has offices in Rome, Milan and Naples, but the file can be opened without visiting any of them.
The opening message should contain the full name, date of birth, the place and the authority that made the arrest, and photographs of any paper received. A written engagement returns by photograph or scan. The studio then calls to set out events in order, to find out what has been said or signed, and to determine which Hungarian power was used and when the period began.
In Hungary the studio works together with a lawyer admitted there, who attends the person and appears before the prosecutor and the court. The Hungarian lawyer addresses the authorities; the studio explains the position in Italian or English, prepares the Italian documents and handles any link to Italian records or proceedings. It makes no promises about the outcome.
Reports go to a nominated relative. Budapest keeps the same clock as Italy, so a call with the local lawyer and a call with the family can both fit in the same working day. If the person is moved or released, the studio asks the Hungarian lawyer to say so immediately, since the earliest sign for the family is often silence. When the family cannot reach the person for a while, the studio uses the lawyer as the channel and tells the family what has been confirmed and what has not.
Questions about the police, the prosecutor and the court
The Hungarian system has several detention powers and a motion to the court. These questions go to each of them. Ask them on the opening call and record the answers with the date.
- Which power was used: short-term arrest, detention for public safety, or detention on suspicion?
- When did the period begin, and when must a motion for pre-trial detention reach the court?
- Who ordered the detention: police, prosecutor or judge?
- What is the suspicion, and is it an offence that carries imprisonment?
- What will the prosecutor say to the court to justify pre-trial detention, and what can the defence offer in reply?
- Which alternatives are available for a foreigner who lives elsewhere, and what would they require?
- Who will interpret, and is the interpreter independent of the police?
- Is there any sign of a European warrant, an extradition request or an alert connected to the arrest?
- What should the family do today, and what should it leave alone?
A lawyer who answers these precisely is describing a process. A lawyer who answers with reassurance and no detail is not.
Hungarian detention terms in plain English
The terms below appear on this page and on documents a family may receive. A plain reading helps with calls and with checking that a paper says what you were told.
- Short-term arrest: a brief police power used for identification or on apprehension; it may be extended in exceptional cases.
- Detention for public safety: a separate police power, with its own period, used to prevent harm or disorder.
- Detention on suspicion: the measure ordered where there is a well-founded suspicion of an offence punishable by imprisonment, by the police, a prosecutor or a judge.
- Motion for pre-trial detention: the request that must reach the court before the detention period lapses, failing which the person must be released.
- Pre-trial detention: custody ordered by the court while the case proceeds; it is a precaution and not a punishment.
- Court: the body that decides on that motion, after hearing the prosecutor and the defence.
- Well-founded suspicion: the threshold for detention; it is lower than proof and does not mean the person is guilty.
- Interpreter: the person who translates at questioning and hearings; the person held may ask for it.
If a paper uses a word that is not on this list, send a photograph to the lawyer before anyone replies.
About the lawyer
Criminal defence is the whole of this practice. Avv. Massimo Romano is enrolled with the Ordine degli Avvocati di Napoli and pleads before the Court of Cassation; the work that reaches him concerns Italian criminal procedure, extradition, European arrest warrants, and cases where an Italian citizen is held by a foreign authority. He takes instructions directly. The first contact is short and factual: what the charge is said to be, where the person is, what has already been signed or handed over. Nothing is promised at that stage, because the file has usually not been read. What follows the call is practical, a list of documents to collect, contact with the authority or with local counsel abroad, and a plan for the next hearing or request. Where relatives do not speak Italian, the conversation continues in their own language, and written updates are sent in that language as well, so nobody relies on second-hand translation.
Ring the office directly, or write on WhatsApp if calling is difficult. Keep beside you the summons or the record of the search, and the name of any lawyer already acting.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp