Measure Implementation

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

In the pre-trial phase of the criminal proceedings the EIO aiming at request for information or documents shall be received by the competent district prosecution office, while at the trial phase it shall be submitted to the competent district court. Under Section 261 of the HU CCP, data sought in a criminal proceedings must be provided by ISPs or other data holders and data controllers by a written request of the investigative authority, the prosecutor or the judge within 1 to 30 days when the request is fulfilled in electronic ways and 8 to 30 days when the answer is provided in other forms (e.g. printed). This procedure is also to be followed in international judicial cooperation.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU on EIOs; 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

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.53 Preservation and production of electronic evidence
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