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 Protection Order (906)

1. MEASURE IMPLEMENTATION

Hungary

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

Yes. According to Art. 163/B 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 a restraining order or a probation with supervision including specific rules of conduct to prescribe obligations and prohibitions.

2. LEGAL FRAMEWORK

Hungary

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

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 protected person's place of residence is entitled to receive the request and execute the measure. In case of deferral of prosecution the prosecutor's office operating beside the court above is competent to receive the request and take the decision on execution. A decision on refusal may not be appealed.

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

N/A

4. ACCEPTED LANGUAGES

Hungary

Accepted languages for the request/decision

The European Protection Order has to be translated into Hungarian.

5. EXECUTION DEADLINE

Hungary

Deadlines for the execution of the request/decision (where applicable)

A decision on execution has to be taken without any delay.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hungary

a. Special requirements

Hungary makes the recognition of decision and enforcement of the European Protection Order 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 decision, if the protected person decides to reside or already resides in Hungary.

b. Other useful information

The maximum period of execution are in case of restaraining order 60 days and in case of probation with supervision 5 years (according to the length of deferral of prosecution / parole / probation. 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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