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 suspects/persons accused: standard procedure (710)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible in the frame of mutual legal assistance proceedings if reasonable ground exists to suspect that a specific person has committed a criminal offence.

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.

* 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. A list of questions to be asked should be provided in the request. At the beginning of the interrogation, the suspect shall be informed of the gist of the suspicion as well as of the applicable legal provisions. The suspect shall be advised of the right to choose a defence counsel or to request the appointment thereof. The interrogation of the suspect shall be conducted by the investigating authority in such time that the defendant shall have enough time and possibility to get prepared for his defence. The suspect may not be asked a question containing the answer, the statement of a yet unproven fact, or a promise violating the law. Without the consent of the suspect, his testimony may not be examined with the help of a polygraph. (See Sections 179-180 of Act No XIX of 1998 on Criminal Proceedings) Anyone affected directly by the dispositions in the decision of the prosecutor or the investigating authority may file a complaint within 8 days following communication of the decision. (See Section 195 of Act No XIX of 1998 on Criminal Proceedings) The defendant shall be granted the opportunity to state his testimony as a comprehensive whole; thereafter, the defendant may be cross-examined. The cause for any discrepancy from the former testimony of the defendant shall be elucidated. (See Paragraph (1) of Section 118 of Act No XIX of 1998 on Criminal Proceedings)

b. Other useful information

The suspect/accused is not obliged to testify, thus may refuse to testify or to respond to the questions. If he refuses to testify, he should be warned that it will not interfere with the continuation of the proceeding. Participation of the representatives of the requesting state is possible during the hearing of the witness upon approval of an explicit request of the requesting state, but they may not be allowed to ask the witness questions directly. The hearing is carried out under the Hungarian law. It is possible to execute it in conformity with the procedure of the requesting state upon request.

Last reviewed on 8 July 2016 by Tools Correspondent

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