Fiches Belges

Pursuant to Point 39/A of Act No CLXXX of 2012 on the Cooperation with the Member States of the European Union in Criminal Matters the main interim measures applicable to ensure the object of future confiscation are seizure (to ensure that the things are at the disposal – taking custody thereon or ensuring its preservation in other way - of the court, the prosecutor and the investigating authority) and (preliminary) sequestration (the suspension of the right of disposal over assets and property rights). A movable object, ready cash, electronic money, or electronic data (including crypto currencies) may be seized. Sequestration may be ordered regarding moveable and real estate property, ready cash or electronic money, a financial instrument as defined in the Act on investment undertakings, any other right of pecuniary value, or any other claim of pecuniary nature. The district prosecution office, in whose jurisdiction the object or property indicated in the certificate (Annex I to Regulation (EU) 2018/1805) is located, shall have competence to receive the original or certified copy of the issuing authority’s order and the certificate in Hungarian; in urgent cases, or where transmission of the freezing certificate in Hungarian proves extremely difficult, it will accept the freezing certificate in English, French or German.

Directive 2014/41/EU on EIOs; Regulation 2018/1805 as of 19 Dec 2020; CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005);FD 2003/577/JHA on freezing orders; FD 2006/783/JHA on confiscation orders

District prosecution office

Please see above

Art. 9 of Regulation (EU) 1805/2018 applies directly as regards participating Member States. In other cases: no deadlines.

With reference to Article 12(2) of Regulation (EU) 2018/1805, the issuing authority shall be approached, by setting a deadline for responding, with a request for information for the justification of the seizure or sequestration of assets, if one year has passed since the ordering of the seizure or sequestration of assets or the last request for information; it is justified due to the nature, condition, storage conditions of the object or asset affected by the seizure or sequestration. If no response is given within the deadline, the seizure shall be terminated, then the seized object shall be returned or the sequestration of asset shall be lifted. To this date, there is no specific agency expressively for asset management, but there is a wide range of various solutions to deal with goods with special needs (animals, cars, ships and planes, agricultural machines, and real estate).