Fiches Belges

According to Art. 137 of Act 180 of 2012 on the cooperation with the Member States of the European Union in criminal matters the following obligations to pay can be executed in frame of this measure: a sum of money on conviction of an offence, a fine imposed on legal persons, a sum of money in respect of the costs of the proceedings, a compensation for the benefit of victims or the public, provided that the amount is at least EUR 70. Request to enforce a decision that concerns a financial penalty of at least EUR 70 EUR might be complied with, if -the defendant/legal entity has his place of residence/its seat in Hungary - the defendant/legal entity has property/ income in Hungary, and - both the certificate and the decision translated into Hungarian are received. The enforcement may be refused if these preconditions are not met. Grounds for refusal also include defects of certificate (it is not produced, incomplete or not corresponding to the decision), ne bis in idem, a procedural bar, immunity or amnesty in the executing MS, the age of criminal responsibility. Laps of time, when the Hungarian authorities are also competent to decide on the act, is also a ground for refusal.

FD 2005/214/JHA on financial penalties

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/assets/income, or at the seat / premises of legal persons' is entitled to receive the request and execute the measure. If the financial penalty has been imposed in addition to a custodial sentence, the decision has to be taken exclusively by the Metropolitan Court of Justice.

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

N/A

In case of offences listed in Art. 5 (1) of the Framework Decision a ruling on execution can be taken without verification of the double criminality of the act. Imprisonment as alternative sanction is only applicable in case of executing a fine (a sum of money on conviction of an offence imposed in a decision) imposed on natural persons. The duration of custody shall not exceed 540 days, provided that the offence falls under Hungarian jurisdiction. Money obtained from the enforcement of decisions accrues to the Hungarian State.