Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Hungary

Infiltration by undercover agents of the requested State (201)

1. MEASURE IMPLEMENTATION

Hungary

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

If the effectiveness of the criminal proceedings carried out by the requesting Member State's judicial or investigating authority requires that the infiltration of a Hungarian undercover agent is admissible in the territory of another Member State. (See Paragraph (1) of Section 63 of Act No CLXXX of 2012 on the 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

uropean Convention of 20 April 1959 on Mutual Assistance in Criminal Matters; Convention of 29th 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 Office of the Prosecutor General shall receive this type of request for mutual legal assistance. Pursuant to Paragraph (1) of Section 64 of Act No CLXXX of 2012 the Prosecutor General is entitled to conclude a formal (ad hoc) agreement on the application of an undercover agent.

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

The measure 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)

Period of time for which the infiltration is admissible shall be specified by the formal agreement between the Parties concerned.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

The following elements must be contained by the formal agreement, in particular: - the period for which the undercover agent is operating, - the conditions of the infiltration, - the undercover agent's rights and obligations, - the measure to be followed in case the undercover agent has been revealed, - information on the undercover agent's liability for damages causing during his operation. (See Paragraph (2) of Section 64 of Act No CLXXX of 2012 on the Cooperation in Criminal Matters with the Member States of the European Union)

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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