Measure Implementation

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

County chief prosecution office shall have the competence and jurisdiction to execute an EIO aiming at control of regular mail. If the competent chief prosecution office could not be identified, the Metropolitan Chief Prosecution Office of Budapest is competent for the execution of the EIO. In compliance with the rules of the HU CCP, the chief prosecution office concerned shall file a motion to obtain judicial permission to the execution of the required assistance. Control of regular mail, like any other covert means subject to judicial permission, is admissible in the extent that are available to the national authorities in their domestic cases. See measure A.50 for the offences, for which the measure may be performed. Judicial permission may be granted for a period of up to ninety days; this period may be extended repeatedly by up to ninety days each time. The prosecution service, before the indictment, or a court, after the indictment, may order the seizure of a postal item or other sealed consignment yet to be delivered to the addressee.

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

County chief prosecution office or the Metropolitan Chief Prosecution Office of Budapest. When the competent prosecution office may not be identified, the Metropolitan Chief Prosecution Office of Budapest shall have competence to receive the EIO.

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

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.55 Surveillance and tracking of a person (tracking device being installed/put by an executing state)
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