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Fiches Belges: Hungary

Joint investigation teams (805)

1. MEASURE IMPLEMENTATION

Hungary

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

A judicial or investigating authority of another Member State may initiate the setting up of a joint investigation team if: a) in an already launched criminal proceeding it is particularly difficult to conduct investigations into a criminal offence having links with several other Members States; b)criminal proceedings have been initiated in a number of Members States with regard to the criminal offence, and therefore a coordination of separate investigations is required; A criminal offence shall be considered to have links with several Member States, in particular, if: a) it is committed in more Member States; b) it is committed in one Member State, but a fundamental part of the preparation or control of the offence or the relating conducts of accessories have occurred in another Member State; c) it is committed in one Member State, but the involvement of a criminal organization whose activity is linked to more than one Members States can be established in the offence; d) it is committed in one Member State, but the criminal offence disrupts or poses a threat to the social or economic order of another Member State. The Member State where the joint investigation team shall operate shall be agreed on between the Prosecutor General or a prosecutor assigned by him and the judicial or investigative authority of the Member State concerned while also taking into account the extent of affiliation.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

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

Office of the Prosecutor General is entitled to receive the request for setting up a joint investigation team.

* 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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

The joint investigation team shall be set up by an individual agreement concluded between the Prosecutor General or the prosecutor assigned by him and the judicial or investigating authority of the Member State. The formal agreement shall include, in particular, the following elements : a) the description of the criminal offence into the investigation of which the joint investigation team is to be set up, b) the territory of operation, c) the composition of the joint investigation team, d) the leader of the joint investigation team, e) the duration of the operation and conditions of extending the operation, f) the rights and obligations of the joint investigation team member operating in another Member State, g) conditions of the operation, h) costs of the operation to be borne, i) information about the liability for damages caused by the joint investigation team member operating in another Member State within the scope of his activity.

b. Other useful information

(1) The member of the investigating authority of the Member State operating in the territory of Hungary a) shall be entitled to use means of coercion in compliance with the law regulating the international cooperation of law enforcement bodies and may carry his firearm entrusted to him for purposes of official duties, he shall, however, be entitled to use that firearm only in cases of lawful self-defence or the defence of necessity; no other means of coercion defined by laws regarding the activities of Hungarian law enforcement bodies may be used by him; b) shall be entitled to apprehend the person caught in the act of crime, may keep the offender at the scene of capture, but shall give him to the Hungarian investigating authorities without delay; no other measures defined by laws regarding the activities of the Hungarian law enforcement bodies may, however, be taken by them. (2) To the extent required for the fulfilment of the tasks of the joint investigation team the member of judicial or investigating authority of the Members State operating in the territory of Hungary a) shall be entitled to interview witnesses or interrogate defendants and may make records thereof according to the law of his State and in the official language of the Member State – having regard to Section 44 – a copy and a Hungarian translation of which records are to be enclosed to the case files, b) shall be entitled to be present at the investigative measures, may make records of such investigative measures according to the law of its state and in the official language of the Member State, a copy and a Hungarian translation of which records are to be enclosed to the case files, c) shall be entitled to operate as a covert investigator during controlled deliveries. (3) In cases defined by Points (2) a) and b) if a member of the judicial or investigating authority of the Member State operating in the territory of Hungary uses the official language of the Member State while taking measures during the criminal proceeding, the Hungarian judicial or investigating authority shall assign an interpreter, if necessary. Costs incurred by the use of the official language of the Member State shall be borne by the requesting Member State. (4) The Hungarian leader of the joint investigation team shall inform the member of the judicial or investigating authority of the Member State about the conditions of taking measures and means of coercion specified by Subsections (1) and (2). (5) During the execution of the request for legal assistance the member of the judicial or investigating authority of the Member State shall operate according to the instructions of the Hungarian leader of the joint investigation team in the territory of Hungary.

Last reviewed on 6 July 2016 by EJN Secretariat

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