In case of crimes committed - as stipulated in Section 6 para 2 of the Government Decree 293/2010. (XII.22.) - the detection activities of the National Protective Service (hereinafter referred to as NPS) do not go beyond the confirmation or exclusion of the occurrence of a suspected crime.
Detection activity of the NPS is performed in the following offences:
Offences committed by the protected staff and defined in the Criminal Code (Act C of 2012)
- abuse of personal data (Section 219)
- harbouring a criminal (Section 282 para 3 d) )
- abuse of office (Chapter XXVIII)
- active bribery (Section 290)
- passive bribery (Section 291)
- active bribery of public officials (Section 293)
- passive bribery of public officials (Section 294)
- active bribery in court or regulatory proceedings (Section 295)
- passive bribery in court or regulatory proceedings (Section 296)
- forgery of administrative documents (Section 343)
- extortion (Section 367 para 2 c) and d) )
- crimes committed in place of service or related to the activity of the office not mentioned above if the detection is not falling with the competence of another authority
- military offences (Chapter XLV) except for the desertion (Section 434) the mutiny (Section 442) compromising combat readiness (Section 363 of the Act IV of 1978) compromising combat readiness (Section 454)
- crimes above mentioned committed by a person who is not member of the protected staff but commits the crimes jointly or with the assistance of the member of protected staff.
If the suspicion is confirmed report is immediately made to the competent investigation authority or to the prosecution.
The National Protective Service has no power to carry out criminal investigation but in the course of criminal proceedings started after its reporting – at request – can participate to the secret data gathering conducted by the investigation authority or the prosecution as stipulated in Act XIX of 1998 on the Criminal Procedure.
The Chapter VII of the Act XXXIV of 1994 on the Police defines other possibilities to the National Protective Service for secret information gathering.