Fiches Belges

According to Art. 120/A of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters a judgement may be recognised and a custodial sentence enforced, provided that at the time the judgement is received not less than six month of the sentence remain to be served.

FD 2008/909/JHA on custodial sentences; FD 2002/584/JHA on EAW

The Hungarian Minister of Justice as central authority is entitled to receive the judgement together with the certificate and the opinion of the sentenced person. The Metropolitan Court of Justice (Fővárosi Törvényszék) is the competent judicial authority of first instance to take the decision on execution.

The certificate must be translated into Hungarian. If the content of the certificate is insufficient to decide on the enforceability of the sentence, the court may request, without delay after receiving the judgement, that the judgement or essential parts of it be accompanied by a translation into Hungarian.

The final decision on execution has to be taken within a period of 90 days.

Hungary does not apply Art. 7 (1) of the Framework Decision and makes the recognition of the judgement and enforcement of the sentence subject to the condition that it relates to acts which also constitute an offence under the law of Hungary. The consent of the sentenced person is not required if he or she is of Hungarian nationality and is resident in Hungary / has fled to Hungary following the conviction / would be deported to Hungary once he or she is released from the enforcement. Rules of Speciality detailed in Art. 18 of the Framework Decision apply. The sentenced person may be provisionally arrested, pending a decision to recognise the judgement and enforce the sentence.