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

Cross-border observation (801)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes, it is possible. Foreign authority may continue - in the frame of its law enforcement activity - the observation affecting the person suspected of having committed a crime and the person who is associated with him, which was started in its national territory with the prior consent of Center for International Cooperation in Criminal Matters (NEBEK). (See Section 27 of Act No LIV of 2002 on international cooperation of law enforcement authorities) Surveillance is admissible if there is a reasonable suspicion of that serious crime - punishable by imprisonment of five years or more - having committed, or when the Article 40 of the Convention Implementing the Schengen Agreement and the Naples Convention II make it possible.

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 implementing the Schengen Agreement; Naples Convention II

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

Center for International Cooperation in Criminal Matters (NEBEK)

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

N/A

5. EXECUTION DEADLINE

Hungary

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

Surveillance shall cease immediately if so requested by the law enforcement bodies, or where the NEBEK authorisation has not been obtained within five hours from crossing the border.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

The foreign authority's officer conducting surveillance in the territory of Hungary shall have and carry a document verifying that the observation has been authorised and must be able all the time to prove that he is acting in his official capacity and that he is representing the foreign authority.

b. Other useful information

Upon request, the surveillance applied in the territory of Hungary can be assisted by Hungarian officers designated and empowered to carry out observation.

Last reviewed on 6 July 2016 by EJN Secretariat

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