Measure Implementation

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

MLA request for restitution shall be received and executed by the prosecution office, in the territorial competence of which the object or asset can be found. It is useful to know, that in prosecutorial practice, restitution is also applied to intangible assets, such as bank account money and crypto currencies. Restitution serves as a fast-track solution for transferring the proceeds of fraud back to victims located in other jurisdictions. Seized objects / assets are released to the requesting judicial authority on the first place, or – with prior consent of the requesting authority – may be handed over directly to the victim of the crime.

Legal Framework

International legal framework applicable for this measure in your Member State

EU MLA Convention 2000; Regulation 2018/1805; CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2010)

Competent Authority

* receive the request/decision for judicial cooperation

Prosecution office

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

N/A

Last reviewed on 15 August 2022 by EJN Secretariat

NEXT MEASURE

  • Assets - Freezing, Confiscation and Restitution (E.1 – E.4)
  • E.4 Confiscation
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