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 experts (708)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible in the frame of a mutual legal assistance. An expert may be applied if the establishment or evaluation of a fact to be proven requires special knowledge. An expert must be employed if the fact to be proven or the issue to be decided on: a) is the mental disability of a person or the addiction of a person to alcohol or narcotic substances, b) is involuntary medical treatment or the necessity thereof, c) if the identification is performed by way of biological tests, d) upon the exhumation of a deceased person. (See Paragraphs (1)-(2) of Section 99 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.

* 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

A formal request for mutual legal assistance is needed to be submitted. Before an expert makes an oral statement, his identity and the absence of any reason for his exclusion shall be verified. An ad hoc expert shall be warned of the consequences of providing a false expert opinion. The warning and the response of the expert to the warning shall be included in the records. After the expert has presented the expert opinion, he may be cross-examined. (See Paragraph (1) of Section 110 of Act No XIX of 1998 on Criminal Proceedings)

b. Other useful information

An ad hoc expert must be warned of the consequences of providing a false expert opinion. After the expert was heard by the executing bodies, he may be cross-examined too. Participation of the representatives of the requesting state is possible during the hearing of the expert upon approval of an explicit request of the requesting state.

Last reviewed on 6 July 2016 by EJN Secretariat

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