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

Visit to and search of homes (601)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. Under Paragraph (2) of Section 149 of the Hungarian Code of Criminal Procedure a house search may be ordered when there is reasonable cause to believe that it will result in: a) apprehending a person having committed a criminal offence, b) uncover the traces of a criminal offence, c) finding means of evidence or property subject to confiscation or forfeiture. House search includes the search of a house, flat, other premises or a precinct thereof, the vehicles parked there, as well as the examination of a computer system or a computer media containing data recorded by such system; the search is conducted in order to enhance the efficiency of the proceedings. 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 search is consistent with the national law of Hungary.

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 competent district prosecution office, while at the trial phase it shall be submitted to the competent district court, in the jurisdiction of which, the visit and search has to be realized.

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

The court and the prosecutor may request the assistance of the investigating authority for executing the home search.

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 house search should be accompanied by the requesting party’s search warrant/order or a declaration equal to a search warrant/order providing information/facts under which it could be decided whether the house search 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

The search should be executed in the presence of the person concerned, who should be informed on the warrant before the beginning of the search and demanded to surrender the property being the subject of the search, to make available the data stored on the computer system or data medium, or to surrender the designated person. If the person affected obeys and surrenders the property being the subject of the search, makes the data stored on the computer system or data medium available, or surrenders the designated person, the search may not be continued unless there is reason to suspect that other means of evidence or other property subject to confiscation or forfeiture could also be found in the course of the search. If the person affected or his representative or appointed relative is not present during the house search, a person – who is reasonably believed to be able to properly protect the interests of the person affected by the search – shall be appointed to protect the interest of the person affected by the house search. Assistance or participation of agents of the requesting State in the execution of the measure is possible. The search of the office of a notary public, a law office or a health institution – if it concerns professional secrets related to the work of notary or defence counsel, or rather the finding of documents including health information – shall be ordered by the court until the filing of the indictment. In this case, the house search shall only be performed in the presence of the prosecutor. (See Section 149 of Act No XIX of 1998 on Criminal Proceedings)

Last reviewed on 19 July 2016 by Tools Correspondent

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