Fiches Belges

According to Art. 132 of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters probation measures may be executed in Hungary in form of community service work / ban from visiting sport events / work performed in amends / probation with supervision including specific rules of conduct to prescribe obligations and prohibitions / ban from travelling abroad. 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, amnesty. Laps of time, when the Hungarian authorities are also competent to decide on the act, is also a ground for refusal. The court may also refuse the enforcement, if the conditions below are not met: -the sentenced person is ordinary resident in Hungary or the sentenced person’s close family, cultural or economic connections to Hungary could promote his integration, and he returned/will return to Hungary or would be resident here, -the remaining part of probation measure is not less than six months, -both the certificate and the judgment translated into Hungarian are received.

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.

The final decision on execution has to be taken within a period of 60 days.

Hungary does not apply Art. 10 (1) of the Framework Decision and makes the recognition of the judgement and enforcement of the probation 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 judgement, provided that the sentenced person is not lawfully and ordinary resident in Hungary, if the sentenced person requests the execution by Hungary and provides proof of close family, cultural or economic connections to Hungary.