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

Hearing witnesses: standard procedure (702)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. A person, who may have knowledge of the fact to be proven may be heard as a witness. (See Paragraph (1) of Section 79 of Act No XIX of 1998 on Criminal Proceedings)

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 district prosecution office, while at the trial phase it shall be submitted to the competent district court. Jurisdiction of the competent authority shall be defined according to the place of residence (or detention) of the person to be heard as witness.

* 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

Formal request for mutual legal assistance is needed. A list of questions to be asked should be provided in the request. Any caution or formal notification on the rights should be given to the witness prior to the hearing, and these should also be included in the MLA request.

b. Other useful information

Participation of the requesting authority's representatives is possible during the hearing of the witness upon approval of an explicit request of the requesting authority, but it is not allowed to pose questions to the witness directly. The record is made in Hungarian language, so if the witness wants to use a language which is different from Hungarian, an interpreter will be assigned. The language, which the person understands, should possibly be indicated in the request. Written testimony can be permitted as well. Confidential treatment of the personal data of the witness is possible. (See Section 96 of Act No XIX of 1998 on Criminal Proceedings) A witness may be declared specially protected if a) his testimony relates to the substantial circumstances of a particularly serious case, b) the evidence expected to be obtained by his testimony cannot be substituted, c) the identity, the place of stay and the fact that he is intended to be heard by the prosecutor or the investigating authority is not known by the accused and the defence counsel, d) the exposure of the identity of the witness would seriously jeopardise the life, limb or personal freedom of either the witness or the relatives thereof. (See Section 97 of Act No XIX of 1998 on Criminal Proceedings)

Last reviewed on 6 July 2016 by EJN Secretariat

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