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 victims/plaintiffs (707)

1. MEASURE IMPLEMENTATION

Sweden

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

A victim/plaintiff may be heard as a witness in the frame of mutual legal assistance. (See Measure 702)

2. LEGAL FRAMEWORK

Sweden

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:

Sweden

* 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)

During the pre-trial phase of the criminal proceedings the hearing may be ordered by the public prosecutor and usually executed by the investigating authority, while at the trial phase the hearing is executed by the judge.

4. ACCEPTED LANGUAGES

Sweden

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

Sweden

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Sweden

a. Special requirements

N/A

b. Other useful information

The hearing follows standard procedure, see Measure 702. If it is possible, the victim shall be heard out of turn. If the victim is a person who requires special treatment, and it is not against the interests of the procedure, he may only be heard by a same-sex person in some cases specified by law. The victim has the right to make motions or objections at any stage of the procedure (until the end of his hearing) as well. The victim is entitled to enforce a civil claim in the criminal proceedings against the defendant which arose as a consequence of the act being the subject of the accusation. (See Paragraphs (1)-(2) of Section 54 of Act No XIX of 1998 on Criminal Proceedings)

Last reviewed on 8 July 2016 by Tools Correspondent

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