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

Confiscation (505)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible according to Art. 156 (1) of Act 180 of 2012 on the Cooperation with the Member States of the European Union in Criminal Matters. According to Section 72 of Act C of 2012 on the Criminal Code an object shall be confiscated which is constituting instrumentalities of an offence/ is created by way of a criminal act / for which the criminal act was committed, or which was used for transportation of the thing after finishing the crime / the possession of which constitutes an endangerment to public safety or is illegal. The publication shall be confiscated in which the crime is created.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; 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 located at the seat of the Tribunal (the Central District Court of Buda /Budai Központi Kerületi Bíróság/ in the region of Budapest), which is located at the defendant's place of residence or at the actual location of the object is entitled to receive the request and execute the measure according to the Framework Decision. If the confiscation has been ordered in addition to a custodial sentence, the decision has to be taken exclusively by the Metropolitan Tribunal. The ruling on the execution of the court of first instance may be appealed at the Tribunal. An appeal suspends the decision to became final.

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

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

For recognition according to the framework decision the decision and the certificate have to be translated into Hungarian.For other legal instruments English, French and Hungarian are accepted.

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

In case of offences listed in Art. 6 (1) of the Framework Decision a ruling on execution can be taken without verification of the double criminality of the act if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years.

b. Other useful information

Monies not exceeding 10.000 € obtained from the enforcement of decisions accrue to the Hungarian State, while higher amounts are to be shared to 50%-50% between the issuing Member State and the Hungarian State.

Last reviewed on 6 July 2016 by EJN Secretariat

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