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

Access to public documents in judicial files (404)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. According to the main rule, the documents of an ongoing or already finished criminal proceedings may only be accessed by persons who are authorised to do so. Information may be disclosed to any party having legal interest in conducting the proceedings or in the result thereof. Permission for accessing the documents or the provision of the necessary information – after the justification of the legal interest therein – shall be granted by the prosecutor prior to filing the indictment, and by the presiding judge during the court procedure. Documents may be subject to research according to the rules set forth in the Act on Public Deeds, Public Archives and the Protection of Documents in Private Archives prior to the classification period specified therein. (See Paragraphs (3)-(5) of Section 74/B 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

Documents may be subject to research according to the rules set forth in the Act on Public Deeds, Public Archives and the Protection of Documents in Private Archives prior to the classification period specified therein. (Act No LXVI of 1995 on Public Deeds, Public Archives and the Protection of Documents in Private Achives)

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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