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In my study I aimed to draw attention that in the Hungarian legal system however the prosecutor is playing a key role but has not exclusive power on accusation. The prosecutor, the substitute private accuser and the private accuser as well are able to initiate court trial procedure only by indictment which is competent to legal requirements. The indictment is indispensable condition of the sentencing but it is also determines the frame of the sentencing in accordance with subjective and objective meaning. I also liked to highlight what is the coherence between prohibition of accumulation of functions and requirement of impartiality.