Measure Implementation

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

Office of the Prosecutor General is entitled to receive and fulfill a request for setting up a joint investigation team. JIT agreement shall be signed by the Prosecutor General, or the prosecutor assigned by him, with the competent authority of the Member State concerned. A joint investigating team may be formed (a) in an already launched criminal proceeding when it is particularly difficult to conduct investigations into a criminal offence having links with several other Members States; (b) when criminal proceedings have been initiated in several Members States with regard to the criminal offence, and therefore a coordination of separate investigations is required. The leader of the team in the Hungarian territory can be a prosecutor. The JIT operating in the territory of Hungary is lead and directed by the Hungarian team leader; all members of the JIT must follow his/her instructions and are bound by the Hungarian law and the JIT agreement. During the operation of the JIT, while executing a procedural act, legal provisions or technical methods indicated by the seconded member of the JIT, may be applied, provided that these are not incompatible with the basic principles of the Hungarian legal system. A seconded member of the team may be present at the investigative measures and make records thereof according to the law of his state and in the official language of Member State. The seconded member of the team shall be entitled to interview witnesses or interrogate defendants and may make records thereof according to the law of his State and in the official language of the Member State. He may use means of coercion in compliance with the law regulating the international cooperation of law enforcement bodies and carry his firearm entrusted to him for purposes of official duties, which however, can only be used in cases of lawful self-defence or the defence of necessity.

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2002/465/JHA on JITs; EU MLA Convention 2000; CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001); UNTOC 2000 Convention

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Prosecutor General

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)

N/A

Concise legal practical information

Special requirements

Please see above

Last reviewed on 15 August 2022 by EJN Secretariat

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