Measure Implementation

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

The district prosecution office being competent for the place of residence of the suspect or the person to be searched shall be approached with an EIO/MLA Request. A body search may be performed concerning a defendant, a person reasonably suspected of having committed a criminal offence or a person with regard to whom it is reasonable to assume that he has a means of evidence or an object that may be subject to confiscation or confiscation of property on him. If the body search is aimed at finding a specific object, the searched person shall be called upon to hand over the object sought. If such call is complied with, the body search may not be continued. A body search shall not be conducted in an indecent manner. Invasive body search may be performed by a doctor only; healthcare workers may also attend the examination. An adult person who is present at the location of the body search and is specified by the person subject to body search may attend the body search, provided that his presence does not harms the interests of the proceeding. Except for extreme urgency, the body search shall be conducted by a person of the same sex as the person subject to body search, and only persons of the same sex may be present during the body search. The doctor conducting an invasive search, the healthcare worker assisting during the examination, and the adult person specified by the person searched may be of the opposite sex as the person subject to body search.

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: deadlines set forth in the Directive. 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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