Fiches Belges: Hongrie

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

Yes, it is possible. A written summon may be sent directly by the foreign authority via post as registered mail to the person to be heard as a witness. Procedural documents may be sent via the competent Hungarian authorities as a service of process only if: (a) the address of the person for whom the document is intended is unknown; or b) it has not been possible to serve the document by post; or c) there are justified reasons for considering that dispatch by post will be ineffective or is inappropriate.

International legal framework applicable for this measure in your Member State

European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

* receive the request/decision for judicial cooperation

If assistance is required in service of document, in the pre-trial phase of the criminal proceedings the request for mutual legal assistance shall be received by the district prosecution office, while at the trial phase it shall be submitted to the competent district court.

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

N/A

Accepted languages for the request/decision

A translation of the request for assistance and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, will be required, if they are not drawn up in these languages.

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

N/A

a. Special requirements

The request for service of procedural documents can only be executed if the document to be served is in Hungarian or it was translated into Hungarian. (Section 63 of Act No XXXVIII of 1996 on International Legal Assistance in Criminal Matters) It is also required to have a document attached which contains the procedural rights and obligations of the addressee in a language known by him.

b. Other useful information

The summon shall contain the required data and information - among others - the name of the person who is summoned as a witness, as well as where and when he/she must appear. In order to determine the date, it is advisable to take into consideration the time of serving as well. The summon can be received by the addressee or other persons on behalf of the addressee specified by law with having signed the acknowledgement of receipt.