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

Freezing of bank accounts (502)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. According to Section of 159 of the Hungarian Code of Criminal Procedure sequestration means the suspension of the right of disposal over sequestered assets and property rights. If the proceeding concerns a criminal offence where confiscation of property may be ordered, or if a civil claim is enforced and there is reasonable ground to fear that its satisfaction will be frustrated, sequestration may be ordered on the defendant’s entire property, designated part thereof or certain assets in order to ensure coverage for the above. Sequestration may be ordered in respect of the property, designated part thereof or certain assets which may be subjected to confiscation of property but which are not in the possession of the defendant. If forfeiture of real estate needs to be ordered, sequestration must be ordered therefor. Member State's judicial authority's decision on sequestration must be accompanied by a freezing order issued for the purposes of subsequent confiscation of property, together with the certificate provided for the Annex of Council Framework Decision 2003/577/JHA.

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; Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

Sequestration shall be ordered by the court upon the prosecutor's motion.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

The certificate and the freezing order must be translated into Hungarian. A request for assistance and other 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

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.

b. Other useful information

Legal remedy against a freezing order is ensured under the Hungarian law.

Last reviewed on 6 July 2016 by EJN Secretariat

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