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

Order to produce documents (402)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. The person summoned by the investigating authority, the prosecutor or the judge, or other persons/bodies participating in the criminal procedure may be warned to submit the documentation in his/her possession regarding the case, or notes or other evidence that may be used as evidence. (See Paragraph (5) of Section 67 of Act No XIX of 1998 on Criminal Proceedings) In order to effectuate the seizure, the owner of the property, the computer system or data medium containing data recorded by such system or the data manager shall be demanded to surrender the subject of the seizure or make the data recorded by a computer system available. The refusal to surrender the property shall not prevent obtaining the property or data recorded by a computer system by way of a search or body search. The person affected shall be warned thereof. The documents can be seized. (See 501) The person affected by the search shall be demanded to surrender the property being the subject of the search, to make available the data stored on the computer system or data medium, and if the person affected obeys, the search may not be continued unless there is reason to suspect that other means of evidence or other property subject to confiscation or forfeiture could also be found in the course of the search. (See 601)

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

a) Letters and other written communication between the defendant and the counsel for the defendant, and the notes of the counsel for the defendant pertaining to the case may not be seized. b) Letters and other written communication between the defendant and a person who may refuse to testify as a witness may not be seized, when they are kept by the latter person. c) Documents the contents of which may be subject to the refusal of a testimony may not be seized, either, when they are kept by the person who may reuse to testify as a witness. This restriction shall also apply to the papers and properties kept at the official premises of a person who may refuse to testify as a witness. The restrictions set forth in Points (b) and (c) shall not apply if a) the person entitled to refuse to testify as a witness is suspected on reasonable grounds to be an accomplice, an accessory, an abettor, or a receiver in the case, b) the property to be seized is the instrument of the criminal offence, c) the person entitled to refuse to testify as a witness voluntarily surrenders the property after being advised of the relevant provisions.

b. Other useful information

The court shall order the seizure of documents – containing secrets regarding the work of the lawyer or the notary public, and data of the medical health centre – from the office of a lawyer or notary public, furthermore from a medical health centre. Seizure of mail and consignment of newscast not yet delivered to the addressee as well as of documents of the editorial office of printed matters shall be ordered prior to filing the indictment by the prosecutor, or thereafter by the court. Until the decision is made, the consignment may only be subject to retention.

Last reviewed on 6 July 2016 by EJN Secretariat

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