County chief prosecution office shall have the competence and jurisdiction to execute an EIO aiming at surveillance of a locality. If the competent chief prosecution office could not be identified, the Metropolitan Chief Prosecution Office of Budapest is competent for the execution.
If the execution of the measure requires judicial permission under the rules of CCP, the chief prosecution office concerned, shall file a motion to obtain judicial permission to the fulfillment of the required assistance.
Surveillance of a locality as a 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.
Upon the obtained judicial permission, it may be secretly surveilled and recorded events taking place at a home, other room, fenced area, or vehicle, except for public areas, premises open to the public, and means of public transport. For that purpose, any necessary technical means may be placed at the place of operation.
Without judicial permission, in the frame of covert surveillance, a person, home, other room, fenced area, public area, premises open to the public, or vehicle may be covertly surveilled, which are associated with the criminal offence, and information on events taking place may be collected, and technical means may be used to record such events.
With the prosecution service’s permission and the victim’s written consent, surveillance may be authorized for a period of up to forty-five days, for instance, regarding a criminal offence of usury, domestic violence, or harassment, or any criminal offence committed by threat. In the course of consented surveillance, the victim’s consent, events, which are taking place at a home, other room, fenced area, or vehicle used by that person, except for public places, places open to the public, and means of public transport, may be surveilled and recorded by technical means. The necessary technical means at such locations may be also placed.