Decision by the public prosecutor’s office following motion for revision no. JOG/26/2024 of the Authority

The public prosecutor’s office has found the motion for revision submitted by the Authority well-substantiated and abrogated the investigating authority’s decision.

In its decision no. 09000/436-23/2023.bü, the Department of Economic Protection of the Criminal Directorate at the Hajdú-Bihar County Police Headquarters dismissed the complaint filed on the suspicion of agreement in restraint of competition in public procurement and concession procedures, committed by the conclusion of an agreement or by engaging in other concerted practices, citing a lack of suspicion of a criminal offence as the reason for the decision.

On 11 March 2024, the Integrity Authority filed motion for revision no. JOG/26/2024 against the investigating authority’s decision dismissing the complaint, proposing the abrogation of the investigating authority’s decision and the initiation of an investigation.

In a decision issued on 23 April 2024, the District Prosecution Office of Debrecen, acting in the case in response to the Authority’s motion for revision, found the motion for revision to be well-substantiated, admitted the motion, abrogated the aforementioned decision by the investigating authority dismissing the complaint, and ordered an investigation on the suspicion of agreement in restraint of competition in public procurement and concession procedures. According to the public prosecutor’s office, the investigating authority must also take a stand on the suspicion of fraud.

The public prosecutor’s office maintains that the data gathering carried out by the investigating authority during the complaint’s supplementation was not entirely sufficient to take a stand on the issue regarding the verifiability of the suspicion of a criminal offence beyond reasonable doubt. Thus, it is necessary to order an investigation.

The public prosecutor’s office has found the motion for revision submitted by the Authority well-substantiated and abrogated the investigating authority’s decision. The investigation is underway.