Measure Implementation

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

The district court in whose jurisdiction the object or asset subject to confiscation or confiscation of property is located and indicated in the certificate (Annex II to Regulation (EU) 2018/1805), 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 certificate in Hungarian proves extremely difficult, it will accept the confiscation certificate in English, French or German. Non-Conviction Based Confiscation [NCBC] is available to a certain extent. It is carried out within the frame of the criminal procedure, and is based on a specific offence, where there is a legal obstacle to prosecuting the offender [death, mental illness, acts of absconding, etc.].

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2006/783/JHA on confiscation orders; Regulation 2018/1805; CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005)

Competent Authority

* receive the request/decision for judicial cooperation

District court in whose jurisdiction the object or asset subject to confiscation or confiscation of property is located (in lack of this information, the District Court located at the seat of the Tribunal [the Central District Court of Buda /Budai Központi Kerületi Bíróság/ in the region of Budapest], which is located at the defendant's place of residence).

Accepted languages

Accepted languages for the request/decision

Please see above

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Art. 20 of Regulation (EU) 1805/2018 applies directly as regards participating Member States. In other cases: no deadlines.

Concise legal practical information

Special requirements

Please see above

Last reviewed on 23 August 2022 by EJN Secretariat

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