Fiches Belges: Wegry

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

Yes, it is possible. An expert shall be employed if the establishment or evaluation of a fact to be proven requires special knowledge. (See Paragraph (1) of Section 99 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 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)

According to the main rule the expert opinion shall be submitted in written form within the deadline set by the investigating authority, the prosecutor or the court.

a. Special requirements

N/A

b. Other useful information

The expert opinions involves a) information regarding the subject, the procedures and tools of the examination as well as the changes in the subject of the examination (diagnosis), b) a brief description of the examination method, c) a summary of professional assessments (professional assessment of facts), d) conclusions drawn from the professional assessment of facts and the answers given to the questions raised (opinion). If several experts have participated in the examination, the name of the expert having performed any given examination should be indicated in the opinion. If several experts arrive at the same conclusion, they may submit an expert opinion jointly (joint expert opinion). In professional issues covering various fields of expertise, the experts may combine their expert opinions (combined expert opinion). (See Paragraphs (2), (4) of Section 108 of Act No XIX of 1998 on Criminal Proceedings)