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

Sequestration of assets (501)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. According to Paragraph (2) of Section 151 of the Hungarian Code of Criminal Procedure the seizure shall ensure that the things are at the disposal – taking custody thereon or ensuring its preservation in other way - of the court, the prosecutor and the investigating authority for the purpose of taking evidence, sequestration, or the confiscation of property. The court, the prosecutor, and the investigating authority shall order the seizure of the thing - exept for immovable property - and computer system or data carrier containing data secured through such system, which a) are evidentiary means, b) can be sequestrated or confiscated as property according to the law. An object shall be confiscated: a) which is actually used or intended to be used as an instrument for the commission of a criminal offense; b) which is created by way of a criminal act; c) for which the criminal act was committed, or that was used for the transportation of this object in connection with the criminal act after the fact; d) the possession of which is assessed as posing a potential risk to public safety, or is illegal. Media products, in which a criminal act is realized, shall be confiscated. (See Parapraphs (1)-(2) of Section 72 of Act No C of 2012 on the Criminal Code) The following shall be subject to confiscation of property: a) any financial gain or advantage resulting from criminal activities, obtained by the offender in the course of or in connection with a criminal act; b) any financial gain or advantage obtained by an offender in connection with crimes committed in the framework of a criminal organization; c) any financial gain or advantage obtained by an offender in connection with unlawful drug trafficking, in the course thereof; d) any financial gain or advantage that was used to replace the financial gain or advantage obtained by the offender in the course of or in connection with a criminal act; e) any property that was supplied or intended to be used to finance the means used for the commission of a crime, the conditions required therefor or facilitating thereof; f) any property embodying the subject of financial gain given or promised. (See Parapraph (1) of Section 74 of Act No C of 2012 on the Criminal Code) Pursuant to the declaration made by Hungary to Article 5 of the 1959 MLA Convention Hungary applies the condition that execution of letters rogatory for seizure is consistent with the national law of Hungary.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Articles 5 and 6 of the European Convention on mutual legal assistance in criminal matters of 20 April 1959; Chapter III of the Law of 13 May 1996 relating to combating money laundering and drug trafficking and international cooperation for the purpose of seizing and confiscating the proceeds of crime; Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds of crime (Strasbourg - 8 November 1990) aimed at imposing protective measures on these objects, products, equipment, materials and goods. Article 1 of the law of 14 November 1990 amending the provisions of Article 5 of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances adopted in Vienna on 19 December 1988.

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The district court, the prosecutor, and the investigating authority are entitled to receive the request on seizure, while requests on sequestration shall be received by the district court. Jurisdiction of the competent authority shall be defined according to the actual location of the objects of the measure.

* 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

The formal MLA request for seizure of property should be accompanied by the requesting party’s seizure warrant/order or a declaration equal to a seizure warrant/order providing information/facts under which it could be decided whether the seizure of property could be lawfully ordered in accordance with the domestic law, indicating whether a legal remedy is ensured against the measure and how the possible claim for damages could be submitted.

b. Other useful information

N/A

Last reviewed on 19 July 2016 by Tools Correspondent

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