Measure Implementation

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

For this purpose, EIO is required to receive. During the execution, these may be obtained via requests for data from the registers available, or in the frame of suspect or witness hearing. Under our law biometric samples may be captured from a person who is subject to a criminal proceedings for offences set forth in separate law. If for the identification of the perpetrator biometric sample needs to be captured in the course of the criminal proceeding, the prosecution service and the investigating authority may capture biometric sample from persons who came into contact with the person, object, location or other means of physical evidence concerned in order to be able to exclude the accidental contamination of another biometric sample.

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); 2000 Convention 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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