Fiches Belges
Measure Implementation
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Competent authority
Request/decision
Execute/recognise measure

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Fiches Belges: Hungary

Execution of a Supervision Measure (905)

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 supervision measures may be executed in Hungary in form of an obligation reporting the change of residence / prohibition of leaving residence / house arrest / restraining order.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

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 residenceis entitled to receive the request and execute the measure. The ruling on the execution of the court of first instance may be appealed at the Tribunal.

* 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)

A decision of first instance on execution has to be taken within a period of 30 days, which can be prolonged with another 30 days in case of appeal.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

Hungary does not apply Art. 14 (1) of the Framework Decision and makes the recognition of decision and enforcement of the supervision 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 deffendant is not lawfully and ordinary resident in Hungary, if he or she requests the execution by Hungary and provides proof of close family, cultural or economic connections to Hungary.

b. Other useful information

The maximum period of supervision measures are in case of prohibition of leaving residence 6 month, in case of house arrest 3 month and in case of restaraining order 60 days. Execution of supervision measures must be terminated if the issuing state does not initiate the prolongation prior to expiration. Costs of execution are considered as costs of criminal proceedings and shall be beared by the Hungarian state.

Last reviewed on 6 July 2016 by EJN Secretariat

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