Fiches Belges: Wegry

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

According to Section 43 of Act No XXXVIII of 1996 on International Legal Assistance in Criminal Matters a criminal proceedings that is being in progress before a foreign State's judicial authority may be taken over - upon this authority's request - if the defendant is a Hungarian citizen or an immigrant to Hungary who is not a Hungarian citizen.

International legal framework applicable for this measure in your Member State

European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters in Criminal Matters

* receive the request/decision for judicial cooperation

The formal request shall be received by the Office of the Prosecutor General that is entiteld to decide on taking over the criminal proceedings .

* 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

The request for transfer of criminal proceedings shall also contain, or be attached to: a) the original documentation of the case or their certified copies; b) the indication of evidences; c) information on the residence or the presumed residence of the defendant, and if he is in pre-trial detention, the starting date of the detention, the end of the arrest or the pre-trial detention; d) the private motion when the criminal offence may only be prosecuted on the basis of a private motion; e) the civil claim if it has been submitted. Furthermore, all documents that the requesting authority deems necessary to substantially decide in the case may be attached to the formal request. If, according to the Hungarian law, the criminal offence may only be prosecuted on the basis of a private motion and the private motion has been submitted in accordance with the relevant legal provisions in the foreign proceedings, such motion shall be considered as properly submitted in the accepted and handed over criminal proceedings. If no private motion has been submitted in the foreign proceedings, because no such motion is required by the law in the State of the requesting authority, the party entitled to submit such motion shall be requested to do so. The time limit for submission of such a private motion shall be determined as of the time when such request is delivered. (See Paragraphs (2)-(4) of Section 44 of Act No XXXVIII of 1996 on International Legal Assistance in Criminal Matters)"

b. Other useful information

N/A