Fiches Belges
Measure Implementation
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Legal info
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Fiches Belges: Hungary

Summoning suspects/persons accused (709)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. A written summon may be sent directly by the foreign authority to the person to be heard as a suspect/accused person by post as registered mail. Procedural documents may only be sent via the competent Hungarian authorities as a service of process only if: (a) the address of the person for whom the document is intended is unknown; or b) it has not been possible to serve the document by post; or c) there are justified reasons for considering that dispatch by post will be ineffective or is inappropriate. Summons on persons staying in Hungary will only be served, if the summons is transmitted to the competent Hungarian authority at least 40 days before the date set for appearance.

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

If assistance is required in service of document, 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

If assistance is required for service of a summons, it shall be noted that the request for service of procedural documents can be executed only if the competent Hungarian authorities get the documents to be served 40 days before the indicated date for appearance. The request for service of procedural documents can only be executed if the document to be served is in Hungarian, or it was translated into Hungarian. (Section 63 of Act No XXXVIII of 1996 on International Legal Assistance in Criminal Matters) It is also required to have a document, which contains the procedural rights and obligations of the addressee in a language known by him or her, attached.

b. Other useful information

The summons shall contain the required data and information - among others - the name of the person who is summoned as a suspect/accused person, and where and when he/she must appear. In order to determine the date, it is advisable to take into consideration the time of serving as well. The summons can be received by the addressee or other person on behalf of the addressee specified by law with having signed the acknowledgement of receipt. The summons can be received by the addressee or other persons on behalf of the addressee specified by law with having signed the acknowledgement of receipt.

Last reviewed on 6 July 2016 by EJN Secretariat

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