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

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes. According to Art. 3 (1) of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters a European Arrest Warrant can be executed by Hungary if it has been issued for acts punishable by the law of the Issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 month or, where a sentence has been passed or a detention order has been made, for sentences of at least 4 month.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The Hungarian Minister of Justice as central authority is entitled to receive the European Arrest Warrants.

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

The Metropolitan Tribunal (Fővárosi Törvényszék) is the competent judicial authority of first instance to take the decision on execution. The ruling on the execution of the court of first instance may be appealed at the Metropolitan High Court of Appeal (Fővárosi Ítélőtábla). The ruling may be enforced regardless of an appeal. A ruling on refusal may not be appealed.

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)

The final decision on execution has to be taken within a period of 10 days, if the requestesd person consents to his surrender and within a period of 60 days in other cases. The time limits may be extended by a further 30 days is specific cases. The person requested shall be surrended no later than 10 days after the final decision on the execution.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

The provisional surrender arrest of the requested person must be ordered, alternative coercive measures or a bail are not applicable. The provisional surrender arrest must be terminated, if the EAW is not received within a period of 40 days. In case of offences listed in Art. 1 (2) of the Framework Decision a ruling on execution can be taken without verification of the double criminality of the act, if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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