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

Invasive body search (302)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. Invasive body search means the examination of the body of the suspect and a person who is reasonably believed to keep in his/her possession means of evidence, or property subject to confiscation or forfeiture, in order to find such means of evidence, or property subject to confiscation or forfeiture. (See Paragraph (1) of Section 150 of Act No XIX of 1998 on Criminal Proceedings)

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 request for mutual legal assistance shall be submitted to the district prosecution office being competent for the place of residence of the suspect or the person to be searched.

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

The measure shall be 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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

If body search was ordered to find an object, the person to be searched should first be demanded to surrender the object, and if such demand is obeyed, the body search should be omitted. The body of the person searched may only be examined by a person of the same gender, moreover, only persons of the same gender may be present during the search, except for medical doctors participating in the search. A person staying at the site of the search and designated by the person searched may be present on the venue of the search, unless the presence of such person is against the interests of the investigation. (See Paragraphs (3)-(5) of Section 150 of Act No XIX of 1998 on Criminal Proceedings)

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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