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

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes. According to Art. 111 (1) of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters a judgement may be recognised and a custodial sentence enforced, provided that at the time the judgement is received not less than six month of the sentence remain to be served.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

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 judgement together with the certificate and the opinion of the sentenced person.

* 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). An appeal suspends the decision to became final.

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

The certificate must be translated into Hungarian. If the content of the certificate is insufficient to decide on the enforceability of the sentence, the court may request, without delay after receiving the judgement, that the judgement or essential parts of it be accompanied by a translation into Hungarian.

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 90 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

Hungary does not apply Art. 7 (1) of the Framework Decision and makes the recognition of the judgement and enforcement of the sentence subject to the condition that it relates to acts which also constitue an offence under the law of Hungary. The consent of the sentenced person is not requered if he or she is of Hungarian nationality and is resident in Hungary / has fled to Hungary following the conviction / would be deported to Hungary once he or she is released from the enforcement. Rules of Speciality detailed in Art. 18 of the Framework Decision apply. The sentenced person may be provisionally arrested, pending a decision to recognise the judgement and enforce the sentence.

b. Other useful information

Where the sentence is incompatible with Act 100 of 2012 (in case of offences committed before July 1, 2013 with Act 4 of 1978) on the Criminal Code in terms of its duration, the adapted sentence shall be equal to the maximum penalty provided for similar offences under Hungarian law.

Last reviewed on 6 July 2016 by EJN Secretariat

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