Fiches Belges: Wegry

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

Yes, it is possible. The defendant - with his explicit written consent - in exceptional cases and only under the decision of the court may be heard via closed-circuit communication system. (See Paragraph (1) of Section 55 of Act No CLXXX of 2012 on Cooperation in Criminal Matters with the Member States of the European Union)

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

The court is entitled to receive this type of request.

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

Only the court has competence to execute the measure.

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

Hearing of a suspect/defendant via videoconference may be carried out with his explicit written consent.

b. Other useful information

In case of the accused person's hearing via a closed-circuit communication system, the counsel for the defence may be present in the testimonial room. Technical requirements that are necessary for establishing the link and ensuring compatibility must be provided in the request. Any caution or notification of rights should be given to the person concerned must be included in the request. The suspect/accused shall be informed about his right to make a complaint.