Budapest's Chief Prosecutor Seeks to Remove Immunity of Two Lawmakers

Published: December 20 2023

The Chief Public Prosecutor of Budapest, Péter Polt, has requested the removal of parliamentary immunity for two lawmakers. This is in connection with a legal case involving a charity organization based in Budapest and the national tax authority NAV.

The ongoing criminal investigation is centered around suspected large-scale budgetary fraud at the charity's premises in the 8th district of Budapest. NAV officers conducted a search in February 2022 and informed the leader of the charity that only authorized individuals were allowed to be present during the search. However, the leader entered the premises with journalists and called on the two lawmakers, Zita Gurmai and Anna Donáth, to obstruct the NAV officers. The two politicians only stopped their actions when police officers arrived at the scene.

Gurmai and Donáth have been accused of "group violence against officials of an authority" for their involvement in obstructing the lawful procedure of the NAV officers during the search.

The charity organization, Oltalom Evangelical, had financial difficulties and owed NAV 246 million forints (EUR 629,000) in unpaid payroll taxes. This included a penalty for delay amounting to 90 million forints. The charity claims that the reason for the unpaid taxes is the state's failure to provide the payment due to them based on a 2017 ruling by the European Court of Human Rights.

The Chief Public Prosecutor's move to remove the immunity of the two lawmakers demonstrates the seriousness of the allegations against them in connection with obstructing the lawful procedure of NAV officers. The case adds to the ongoing discussions surrounding Hungarian democracy and the functioning of its institutions.

=== What is the case involving the charity organisation and national tax authority NAV in Budapest? The case involves an ongoing criminal investigation regarding suspected large-scale budgetary fraud at a Budapest-based charity organisation. Officers from the national tax authority NAV conducted a search at the charity's premises in the 8th district in February 2022.

Why did the Chief Public Prosecutor initiate the suspension of parliamentary immunity for two lawmakers? The Chief Public Prosecutor initiated the suspension of parliamentary immunity for two lawmakers because they were accused of "group violence against officials of an authority" in connection with the case involving the charity organisation and NAV. The lawmakers, Zita Gurmai of the Socialists and Momentum MEP Anna Donáth, allegedly attempted to prevent NAV officers from conducting their lawful procedure during the search.

What happened during the search at the charity's premises in Budapest? During the search at the charity's premises in Budapest, the NAV officers informed the charity's leader that only him and his legal representative were authorised to be present at the scene, according to the law on criminal proceedings. However, the charity's leader entered the premises accompanied by journalists and called on the two lawmakers, Zita Gurmai and Anna Donáth, to prevent the NAV officers from conducting their procedure. The two lawmakers stopped their action only when police officers arrived at the scene.

What is the accusation against the two lawmakers involved in the case? The two lawmakers, Zita Gurmai and Anna Donáth, have been suspected of the offence "of group violence against officials of an authority" in connection with the case involving the charity organisation and NAV. This accusation stems from their alleged actions to prevent NAV officers from conducting their lawful procedure during the search at the charity's premises in Budapest.

What was the reason for the charity owing money to NAV? According to the charity, called Oltalom Evangelical, it owed NAV 246 million forints (EUR 629,000) in unpaid payroll taxes, including a HUF 90 million penalty for delay. The charity's leader stated that the reason for owing money to NAV was because the state had refused to pay the charity what it had been due to receive under a 2017 ruling by the European Court of Human Rights.