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 agents of the requesting State in the territory of the requested State (202)

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 another Member State's undercover agent is admissible in the territory of Hungary. (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) The undercover agent of another Member State may also escort controlled delivery with the prosecutor's permission. (Paragraph (2) of Section 19 of Act No LIV of 2002 on the International Cooperation of the Law Enforcement Authorities)

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 Office of the Prosecutor General shall receive this type of MLA request. 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)

N/A

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

The requesting Member State’s undercover agent, who is operating in the territory of Hungary a.) shall be entitled to use means of coercion in compliance with the law regulating the international cooperation of law enforcement authorities and may carry his firearm entrusted to him for purposes of official duties, he shall, however, be entitled to use that firearm only in cases of lawful self-defence or the defence of necessity; no other means of coercion defined by laws regarding the activities of Hungarian law enforcement bodies may be used by him; b.) shall be entitled to apprehend the person caught in the act of crime, may keep the offender at the scene of capture, but shall give him to the Hungarian investigating authorities without delay; no other measures defined by laws regarding the activities of the Hungarian law enforcement bodies may, however, be taken by them. (See Paragraph (1) of Section 60 of Act No CLXXX of 2012 on Cooperation in Criminal Matters with the Member States of the European Union)

Last reviewed on 6 July 2016 by EJN Secretariat

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