Fiches Belges: Wegry

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

Yes, it is possible. During the investigation, if necessary, the prosecutor or the investigating authority (with the prosecutor's consent) may request data - according to the rules of officials requests - on the suspect (on the person against whom the complaint was filed, and on the potentially suspected offender) from the tax authority, organisations providing communication services, organisations managing medical and related data, as well as from organisations managing data classified as bank secret, securities secret, fund secret or business secret, in order to reveal the facts of the case. The supply of data may not be refused. (See Paragraph (1) of Section 178/A 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)

N/A

a. Special requirements

N/A

b. Other useful information

N/A