“The prosecutor’s office acts legally when handling the wiretap materials, only wiretap material that supports the accusation can be included in the investigation material,” says the statement of the Central Investigative General Prosecutor’s Office.
“Thursday’s Government Information Minister Gergely Gulyás Gulyás stated – professionally correctly – that if wiretapping takes place in a criminal case,
then only wiretapping material that supports the accusation can be included in the investigative material.”
As an example, he noted that the conversation between the former president of the Executive Chamber and the president of the OBH was not the subject of the accusation, yet it became widely known, seriously infringing the personal rights of the actors.
“The case mentioned in Kormányinfo is suitable for demonstrating how data is handled legally, when and in what way data can be deleted, in accordance with the interests of the investigation and respect for the rights of the individual,” the Attorney General’s Office writes in its press release. “During the proposed arrest in the case, the investigative documents including the mentioned conversation were presented to the investigating judge, with the aim of being able to decide on the existence of well-founded suspicion and the conditions for the arrest.”
Copies of these documents were made available to both the suspect and the defense counsel in accordance with the law, in addition to the court. The person who disclosed the data obtained in this way to the public committed a violation of privacy rights. In the later stages of the investigation, it became clear that these wiretapping materials do not serve as the basis of a crime and do not constitute evidence
– states the Central Investigative Prosecutor’s Office in its statement, emphasizing that these materials are therefore not included in the investigative documents handed over to the court – or copies to the accused and his defense – at the time of indictment.
“The prosecutor’s office acted legally – in compliance with the rules of criminal procedure and data protection – when handling the wiretap materials,” they concluded in their announcement.
(Cover photo: Péter Magyar on March 26, 2024. Photo: Péter Papajcsik / Index)
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