Malinová (who has since married and now goes under the name Žáková) is an ethnic Hungarian who reported to have been attacked in August 2006 after two men overheard her speaking Hungarian on the phone. Some men were investigated in connection with this incident, but not prosecuted, and the police closed the case in September 2006, concluding that the attack did not take place at all; rather, it was determined that Žáková should be charged with perjury and she was charged in early April 2014.
Since she moved to Hungary and was granted Hungarian citizenship in December 2013, Žáková turned to the court in Nitra, asking for moving the whole proceeding to Hungary. Justice Minister Tomáš Borec agreed that they will send the official request to move the case to Hungarian courts on March 17, the SITA newswire reported.
The Hungarian Justice Ministry will have to say whether the Hungarian laws enable them to take the case .
“Since perjury is classified as crime also in Hungary, there should theoretically be no obstacle,” Gábor Kaleta of the Hungarian Justice Ministry told the Sme daily.
If Hungary takes the case, it is possible that the court will have to invite all witnesses and make new expert opinions as well as present the evidence. It is possible it will decide that the case cannot be investigated as it took place 10 years ago and some evidence has been destroyed, Sme wrote.