The Budapest-Capital Regional Court makes the decision on the execution of the European Arrest Warrant. An appeal can be submitted against the decision within 3 days, the Budapest-Capital Appeal Court makes the final decision on the appeal.
The arrested person shall be brought before the court within 72 hours after his arrest.
In case the requested person consents the surrender and the conditions of the surrender are met, the court orders the persons arrest for surrender and simplified surrender, which has to take place within 10 days after the decision becomes final.
In case the court orders the preliminary arrest of the requested person, the preliminary arrest shall be terminated after 40 days, in case the European arrest warrant does not arrive.
The court has to make its final decision within 60 days from the day of the arrest of the requested person. This deadline can be extended by 30 days in exceptional cases.
In case the requested person has not renounced the use of the speciality rule, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered, with the exception listed in Article 27 Paragraph 3 of the Framework Decision 2002/584/JHA. The rules of subsequent exradition or surrender are the same a sin Article 28 Paragraph 2 and 3 of the Framework Decision.
Mandatory grounds for refusal to surrender:
-Hungary has jurisdiction in respect of the offence and the offence fall under public amnesty according to Hungarian law
-a decision has been made in respect of the offence in another EU Member State, that hinders the initiation of criminal proceedings, or the imposed sentence has been executed, is executed or shall not be executed any more according to the law of the sentencing state
-the person is not punishable due to being underage
-the condition of double criminality is not met (for offences not listed in section e) of the European arrest warrant)
-the person is a citizen of Hungary or the citizen of another EU Member State with a residence in Hungary and the issuing State does not provide a guarantee, that upon his/her request the person will be returned to Hungary – as the executing Member State – in order to serve the custodial sentence or detention order passed against him in the issuing Member State in accordance with the Article 5, Paragraph 3 of the Council Framework Decision
-the execution of the European arrest warrant would violate the substantial rights of the person provided by an international treaty or an act of the European Union
-the European arrest warrant was issued for the execution of an imprisonment sentence or liberty depriving measure, the requested person is a Hungarian citizen with a Hungarian residence and he/she does not consent his/her surrender
-the European arrest warrant as issued for the execution of a sentence imposed in the absence of the requested person, unless one of the exceptions listed under Article 4a of the Framework Decision 2002/584/JHA exists.
Optional grounds for refusal to surrender:
-a criminal proceeding is in progress in Hungary for the offence described in the European arrest warrant
-the competent Hungarian judicial authority or the police refused the report of the crime, or terminated the investigation or the proceeding,
-the offence falls under Hungarian jurisdiction and the lapse of time expired under Hungarian law
-the person has been acquitted or sentenced for the same offence in a third State, and the imposed sentence has been executed, is executed or shall not be executed any more according to the law of the sentencing state
-the offence has been partially or fully committed on the territory of Hungary