Measure Implementation

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

For examination of the crime scene EIO/LoR is required to receive. Examination of the crime scene may be executed in the frame of inspection that can be ordered if a person, object, or site needs to be inspected, or an object or site needs to be observed, to discover or establish a fact to be proven. In the course of an inspection, means of physical evidence shall be located and collected, and arrangements shall be made for the proper preservation of such evidence, during of which circumstances that are relevant to the taking of evidence shall be recorded in detail (possibly an image, sound or audio-visual recording, drawing, or sketch shall be taken of the object of inspection), including, in particular, the course, method, location, and status of locating and collecting the inspection object. Experts may be used during inspections. The defendant and the witness may be interrogated on-site if it is necessary to give testimony at the scene of the criminal offence or another location related to the criminal offence or to present the place where the criminal offence was committed, another location related to the criminal offence, a means of physical evidence, or the progress of the criminal offence. Reconstruction of a criminal offence may be ordered if it needs to be established or verified whether a given event or phenomenon could have happened at a specific time or location, in a specific manner or under specific circumstances.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU on EIOs; European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters (and its second additional protocol); Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

Competent Authority

* receive the request/decision for judicial cooperation

District prosecution office for pre-trial stage of proceedings and district court for trial stage of proceedings

Accepted languages

Accepted languages for the request/decision

Please see declaration made by Hungary to the applicable legal instrument

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

In case of EIO: The decision on recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For states not applying EIO: no deadlines.

Concise legal practical information

Special requirements

Please see above

Last reviewed on 15 August 2022 by EJN Secretariat

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  • Examination and identification (A.40-A.43)
  • A.40 Body search
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