Fiches Belges
Measure Implementation
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Legal Framework
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Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
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Fiches Belges: Hungary

Interception of telecommunication without the technical assistance of another Member State (107)

1. MEASURE IMPLEMENTATION

Hungary

Is this measure possible in your Member State under International Judicial Cooperation?

Where for the purpose of a criminal investigation, the interception of telecommunication is authorised by the competent authority of one Member State (the 'intercepting Member State'), and the telecommunication address of the subject specified in the interception order is being used on the territory of another Member State (the 'notified Member State') from which no technical assistance is required to carry out the interception, the intercepting Member State shall inform the notified Member State on the interception. If the person affected by the covert data gathering is not staying in the territory of Hungary, but the assistance of the Hungarian authorities is needed to carry out the interception, a short description of the facts of the case is also required. (See Paragraph (4) of Section 70 of Act No CLXXX of 2012 on Cooperation in Criminal Matters with the Member States of the European Union)

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters ; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The MLA request for interception shall be received by the Office of the Prosecutor General. In this respect, the contact point on duty twenty-four hours a day is the Centre for International Cooperation in Criminal Matters (NEBEK).

* execute/recognise the measure (if other than the receiving authority)

Interception shall be authorised by a designated judge at the Budapest-Capital Regional Court in Hungary (upon the prosecutor's motion), and after that it is executed by the investigating authority.

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

A translation of the request for assistance and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, will be required, if they are not drawn up in these languages.

5. EXECUTION DEADLINE

Hungary

Deadlines for the execution of the request/decision (where applicable)

A designated judge at the Budapest-Capital Regional Court shall decide on the prosecutor's motion for covert data gathering within 72 hours following its submission. The interception may be permitted for a maximum period of 90 days, and upon a repeated motion this period may be extended for a further 90 days on one occasion. (See Paragraphs (4)-(5) of Section 203 of Act No XIX of 1998 on Criminal Proceedings)

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

A request for interception must also be accompanied by an authorisation for interception that has to be obtained in compliance with the law of the requesting state.

b. Other useful information

As regards elements that shall be contained by the request for interception, see Measure 106. If the person affected by the covert data gathering is not staying in the territory of Hungary, but the Hungarian authorities' assistance is needed in carrying out the interception, the short description of the facts of the case is also needed.

Last reviewed on 6 July 2016 by EJN Secretariat

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