Court to decide on arrest of György Matolcsy: flight risk is key consideration
An investigating judge will rule on the fate of György Matolcsy, former head of the central bank, on the national holiday of 23 October. If arrested, he cannot be compelled to work except for prison cell cleaning.
Court rules on György Matolcsy case on 23 October
An investigating judge will rule on 23 October, the national holiday, on whether György Matolcsy, former central bank governor, will be arrested – according to economx.hu. The Central Investigation Prosecutor's Office (KNYF) suspects the former National Bank of Hungary (MNB) president of economic fraud causing particularly significant financial loss and other criminal offences. He was taken into custody for 72 hours on Wednesday, with the decision deadline expiring on Friday.
Meanwhile, police have issued a search for Ádám Matolcsy – the former central bank governor's son – and György Stofa, former chief executive of Optima, which managed foundation assets.
Course of proceedings: fingerprinting to arrest
Péter Hack, professor emeritus at ELTE and criminal lawyer, explained the general course of proceedings to Index. After interrogation, the so-called fingerprinting process is immediately carried out: photographs, fingerprints, palm prints are taken and height is measured – regardless of whether the suspect is deprived of personal liberty.
According to Hack, it is not unusual for a decision to be made on a public holiday, since the custody deadline is measured in hours. "Courts hold duty sessions on Saturdays, Sundays, at Christmas and on public holidays," the professor noted.
The prosecutor can apply for arrest on three grounds: if there is a risk of flight or evasion, if there is a risk of destruction of evidence or influencing witnesses, or if there is a risk of reoffence. According to Péter Hack, in Matolcsy's case the risk of flight and evasion is most likely to be considered.
Held separately in police custody
Until the court decision is made – from Wednesday onwards – Matolcsy is most likely held separately in police custody, since several people have been arrested in the case who cannot be placed near each other due to the risk of collusion. For this reason, it is likely that those involved have been placed at different police stations or possibly in correctional facilities, depending on available capacity.
The situation of those in custody differs in several respects from that of convicts. They may wear their own clothing, and except for cell cleaning, they cannot be compelled to work – explained Péter Hack. They may volunteer for work, which the law does not prohibit, but those not yet finally convicted cannot be forced to do so.
They may contact their defence counsel orally and in writing without supervision. However, they can only maintain contact with relatives whom the investigating authority or the prosecution has authorised – and such contact must take place under supervision only. Suspects may send and receive letters, but these are monitored by the authorities; mail confidentiality does not apply in this case.
One month, appeals, review every three months
If the judge orders arrest, it is generally carried out in a correctional facility. The investigating judge can order it for a maximum of one month, against which an appeal is available; the court reviews it.
If the appeal is rejected, the arrest remains in force, and after one month it is reviewed again – based on documents alone, without personal hearing. Further extensions can be ordered for a maximum of three months at a time, and this process repeats until charges are brought. After that, the trial judge decides on maintaining or terminating the coercive measure.
If the judge does not order arrest, the suspect is released on bail, although proceedings continue. In response to the prosecution's motion, criminal supervision may also be ordered: in its strictest form, the suspect cannot leave his residence, or may only go out for specified purposes – such as medical treatment or shopping. Electronic monitoring may also be used, which reduces or eliminates the risk of flight.
Dubai and extradition proceedings
Ádám Matolcsy and György Stofa are presumed to be in Dubai, and international arrest warrants have been issued against both. According to Péter Hack, extradition is in some sense independent of arrest warrants.
The international arrest warrant system is based on reciprocity: every participating country has an interest in helping if any authority is looking for a suspect abroad and the receiving country assists in locating them. During passport scanning or electronic checking, if the person is in the arrest warrant database, the passport handler immediately alerts police. The person is taken into custody at the scene, and extradition proceedings begin. The same occurs if someone is stopped during a traffic check.
In the case of Matolcsy and associates, Hungarian authorities are requesting extradition from the United Arab Emirates through diplomatic channels. A local court decides whether there is any obstacle to extradition. If the judge finds there is no obstacle, the person is extradited to Hungary – however, this process can be lengthy: from arrest, it can take weeks or, in unfavourable cases, months.
Source: Google News HU — Crime (hu)