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

Probation measures (904)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes. According to Art. 137 of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters probation measures may be executed in Hungary in form of community service work / ban from visiting sport events / work performed in amends / probation with supervision including specific rules of conduct to prescribe obligations and prohibitions / ban from travelling abroad.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

3. COMPETENT AUTHORITY TO:

Hungary

* receive the request/decision for judicial cooperation

The District Court located at the seat of the Tribunal (the Central District Court of Buda /Budai Központi Kerületi Bíróság/ in the region of Budapest), which is located at the deffendant's place of residence is entitled to receive the request and execute the measure.

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

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

Both the certificate and the decision have to be translated 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 60 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

Hungary does not apply Art. 10 (1) of the Framework Decision and makes the recognition of the judgement and enforcement of the probation measure subject to the condition that it relates to acts which also constitue an offence under the law of Hungary. Hungary consents to the forwarding of a judgement, provided that the sentenced person is not lawfully and ordinary resident in Hungary, if the sentenced person requests the execution by Hungary and provides proof of close family, cultural or economic connections to Hungary.

b. Other useful information

Where the probation measure 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 measure shall be equal to the maximum period provided for similar measures under Hungarian law.

Last reviewed on 6 July 2016 by EJN Secretariat

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