Decision made by the public prosecutor’s office following motion for revision no. JOG/101/2023 of the Authority

In its decision no. 29022/798-26/2023.bü., the Anti-Corruption Department of the Economic Crimes Division of the National Bureau of Investigation of the Rapid Response and Special Police Service rejected the complaint filed for the suspicion of misappropriation of funds and agreement in restraint of competition in public procurement and concession procedures committed by the conclusion of an agreement or by taking part in other concerted practices due to the lack of suspicion of a criminal act.

The Integrity Authority submitted motion for revision no. JOG/101/2023 on 18 December 2023 against the decision of the investigating authority that had rejected the complaint, and proposed that the decision of the investigating authority be abrogated and an investigation be ordered.

In its decision of 19 January 2024, the Prosecution Office of Budapest District IX. acting in the case, following the Authority’s motion for revision, admitted the motion for revision after having deemed it to be well-founded, abrogated the above decision of the investigating authority that had rejected the complaint, and ordered an investigation on the suspicion of misappropriation of funds resulting in substantial financial loss.

According to the public prosecutor’s office, the available data raise suspicions over the fact that the contracting authority did not prepare the procurement in a timely manner and therefore revalued the score of the delivery deadline in such a way that caused financial loss to the company it represented. Paying a higher price for an extremely short delivery deadline may constitute a deliberate breach of the obligation concerning property management and cause financial loss.

There is no legal remedy against the decision of the public prosecutor’s office.