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

Restitution (503)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. At the request of a Member State's judicial authority, the requested Hungarian judicial authority may place the object, for which the criminal act was committed, at the disposal of the requesting Member State with a view to restore the rightful owners. This request can only be executed if the requesting judicial authority in its decision serving as a basis for the request or in an attached document, without any doubts can verify the ownership of the person concerned. The Hungarian judicial authority orders the seizure of the object requested to be handed over, and - if necessary - may issue an alert for an object which has unknown location. However, by handing over the object, the rights of bona fide third parties shall not be affected and the success of the criminal proceedings in progress in the territory of Hungary cannot be jeopardized. If the requested object is needed for the criminal proceedings in progress in the territory of Hungary, the Hungarian judicial authority shall postpone handing over the object until the final conclusion of the proceedings or the final termination of seizure, and the Hungarian judicial authority informs the Member State's judicial authority about it without delay. (See Section 53 of Act No CLXXX of 2012 on Cooperation in Criminal Matters with the Member States of the European Union) The victim of the crime - whose property/rights were affected by the crime - may bring a civil action his damages to be resituated/reimbursed/.The victim of the crime may enforce the civil claim against the defendant which arose as a consequence of the act being the subject of the accusation. (See Paragraph (2) of Section 54 of Act No XIX of 1998 on Criminal Proceedings) Upon terminating seizure, the property shall be returned to the person who can authentically verify having been the owner of the property seized at the time of the perpetration of the criminal offence. (See Paragraph (2) of Section 155 of Act No XIX of 1998 on Criminal Proceedings)

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

uropean 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

The request for mutual legal assistance shall be submitted to the competent judicial authority. Jusirdiction of the competent authority shall be defined according to the actual location of the object that is requested to be restored.

* 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

N/A

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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