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

Control of identity, measures for judicial identification (304)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. In discharging his tasks, the police officer may check the identity of a person whose identity needs to be established for the purpose of defence of public order or public safety, for the purpose of preventing crimes or law enforcement, for the purpose of establishing the legality of his/her residence, in course of road trafic control, or in order to protect the rights of the person concerned or another natural or legal person. (See Section 29 of Act No XXXIV of 1994 on the Police of 20 April 1994) If the identity of a suspect in a criminal action is unknown, a warrant of apprehension may be issued in order to establish the identity. Furthermore, prior to the commencement of the interrogation of the defendant, his identity shall be verified, therefore, the defendant shall be requested to state the following: his name, birth-name, former name, date and place of birth, his mother’s maiden name, place of residence and place of stay, personal identification document number and citizenship (See Section 117 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

In the pre-trial phase of the criminal proceedings the request for mutual legal assistance shall be received by the district prosecution office, while at the trial phase it shall be submitted to the competent district court.

* 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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

N/A

b. Other useful information

The person to be identified by the police officer shall certify his/her identity in a conclusive manner. Personal identity shall be established primarily on the basis of the personal identity certificate and any other certificate can be accepted which identifies its holder in a conclusive manner. The police officer may accept the statement of a person known to him/her or another identifiable person present. If identification is refused, the person to be identified may be stopped and brought to the authority if the identification fails. In order to establish the identity, fingerprints and photos can be taken of the person to be identified and his/her external body characteristics can be recorded on the basis of visual and instrumental examination.

Last reviewed on 6 July 2016 by EJN Secretariat

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