Fiches Belges: Wegry

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

Yes, it is possible. If the psychiatric medical examination of the suspect's mental state is deemed to be necessary according to an expert opinion, the court - upon the prosecutor's motion - may order the observation of the suspect's mental state. (See Paragraph (1) of Section 107 of Act No XIX of 1998 on Criminal Proceedings)

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

In the pre-trial phase of the criminal proceedings the request for mutual legal assistance shall be received by the competent 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)

Only the investigating judge is competent to order the measure upon the prosecutor's motion.

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)

The duration of the observation may be 1 month; the court may extend this deadline on one occasion by one month upon the opinion of the institution performing the observation. (See Paragraph (1) of Section 107 of Act No XIX of 1998 on Criminal Proceedings)

a. Special requirements

N/A

b. Other useful information

N/A