Fiches Belges

According to Chapter V of Act No. 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters supervision measures may be executed in Hungary in form of criminal supervision and restraining order. Grounds for refusal include defects of certificate (it is not produced, incomplete or not corresponding to the decision), ne bis in idem, a procedural bar or immunity in the executing MS, the age of criminal responsibility, amnesty. Laps of time, when the Hungarian authorities are also competent to decide on the act, is also a ground for refusal. Hungary does not apply Art. 14 (1) of the Framework Decision and makes the recognition of decision and enforcement of the supervision measure subject to the condition that it relates to acts which also constitute an offence under the law of Hungary. Hungary consents to the forwarding of a decision on supervision measure, provided that the defendant is not lawfully and ordinary resident in Hungary, if he or she requests the execution by Hungary and provides proof of close family, cultural or economic connections to Hungary.

FD 2009/829/JHA on supervision measures; FD 2008/947/JHA on probation measures and alternative sanctions

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 deffendant's place of residence is entitled to receive the request and execute the measure.

Both the certificate and the decision have to be translated into Hungarian.

A decision of first instance on execution has to be taken within a period of 30 days, which can be prolonged with another 30 days in case of appeal.

The maximum period of both supervision measures is 4 months. Execution of supervision measures must be terminated if the issuing state does not initiate the prolongation prior to expiration. Costs of execution are considered as costs of criminal proceedings and shall be beared by the Hungarian state.