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

Confrontation (713)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. Confrontation may be applied if the testimonies given by the defendants and witnesses, or the testimonies of the defendant and the witness are contradictory, if necessary, the conflict may be resolved by way of confrontation. Those confronted shall present their statement orally and may be permitted to ask questions from one another. (See Paragraph (1) of Section 124 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

No further questions may be asked from the defendant in respect of the criminal offence he refused to testify to, and the defendant may not be confronted with the other defendants or the witness, unless he decides to testify beforehand.

b. Other useful information

If confrontation is against the interest of the protection of the witness/defendant, the confrontation should be omitted. Persons under fourteen may only be involved in the confrontation if it will not cause apprehension. 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.

Last reviewed on 6 July 2016 by EJN Secretariat

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