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

Spontaneous exchange of information (401)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes it is possible. A Hungarian judicial authority may directly exchange information with another Member State's judicial authority in an ongoing or already finished criminal case. In connection with a criminal proceedings information may be directly exchanged in order to establish the identity or place of stay of the person suspected of having committed a crime, or to prevent the suspect from absconding, completing the criminal offence or committing another one, or for any other reason which could not be delayed. (See Section 49 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

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; Council Framework Decision 2006/960/JHA

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The request for information shall be directly submitted to the competent district prosecution office.

* 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)

The request for information shall be fulfilled within fourteen days from the date of its receipt. If the request relates to crimes specified in Article 4 of Council Framework Decision 2006/960/JHA, and the requested information is held in a database directly accessible by the requested authority, the request has to be fulfilled within 7 days from its receipt. In case of an urgent request for information the time limit is 8 hours. Grounds for urgency shall also be provided.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

Information shall be required by using the specific Request Forms provided for by Annexes of Council Framework Decision 2006/960/JHA.

b. Other useful information

The fulfillment of the request for information shall be refused by the requested authority, if the provision of execution would - harm essential national security interests of Hungary, or - jeopardise the success of a current investigation or a criminal intelligence operation or the safety of individuals. The fulfillment shall also be refused if - the requested information would clearly be disproportionate or irrelevant with regard to the purposes for which it has been requested, or - the information concerned is accessible only with authorisation, and this authorisation is missing, or - the requested information may only be transmitted with the permission of another Member State, and this authorisation is missing. Where the request for information pertains to an offence punishable by a term of imprisonment of one year or less under the Hungarian penal law, the requested authority may refuse to provide the requested information. (See Paragraphs (7)-(8) of Section 51 of Act No CLXXX of 2012 on Cooperation in Criminal Matters with the Member States of the European Union)

Last reviewed on 19 July 2016 by Tools Correspondent

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