Fiches Belges: Wegry

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

Yes, it is possible in the frame of a mutual legal assistance. However, it should be noted that persons under fourteen years of age may only be heard as witnesses if there is reasonable ground to believe that questioning at the hearing would adversely affect their personal development. (See Paragraph (4) of Section 207 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. Jurisdiction of the competent authority shall be defined according to the place of residence of the person to be heard.

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

Exclusively the investigating judge is competent to execute the measure upon the motion of the prosecutor.

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

Persons under fourteen years of age may only be heard as witnesses if the evidence expected to be provided by their testimony cannot be substituted by any other means. Upon the questioning of such persons, the warning about the consequences of giving false evidence shall be omitted. At the hearing of a witness under the age of 18, the legal representative and guardian thereof may be present. In the event of a conflict of interests between the witness and the legal representative or guardian and the relative appointed by the witness, the rights stipulated by the act shall be exercised by the court of guardians. (See Paragraphs (1), (3)-(4) of Section 86 of Act No XIX of 1998 on Criminal Proceedings)

b. Other useful information

During the hearing of a child as a witness, the warning about the consequences of giving false evidence must be omitted. If it is possible, the hearing may be executed in a special room within the premises of the court, which is used for the hearing of persons under fourteen years of age. The hearing shall be recorded by an audio or video recorder or other equipment.