Fiches Belges: Wegry

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

Yes, it is possible. Under Section of 119 of the Hungarian Code of Criminal Procedure a search on the site of an offence (inspection) may be ordered and conducted by the court or the prosecutor if the elucidation or establishment of a fact to be proven requires the examination of a person, an object or site, or the observation of an object or site.

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 29th 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, in the jurisdiction of which, the visit or search has to be realized.

* 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

During the search on the site of an offence the conditions material for establishing the offence should be entered in the records in detail. All physical means of evidence should be tracked down and gathered, and their proper safe-keeping should be ensured. Audio and/or video records, drawings or drafts are to be made of the object of the inspection, and they shall be attached to the records.

b. Other useful information

N/A