National procedures for execution of cooperation request

Republic of Hungary

Hungary - Criminal Procedure Code 1998 (2017)

Arrest warrant

§ 119. (1) In the case of a criminal offense punishable by imprisonment, the court, the prosecutor's office and the investigating authority may issue an arrest warrant with a decision to order the custody of the accused or person reasonably suspected of committing the offense.

(a) his actual whereabouts are unknown and his arrest and detention are justified in order to ensure the objectives pursued by the judicial licensee in respect of personal liberty,

(b) his or her actual whereabouts are known, but his or her arrest and detention are justified in order to ensure the objectives pursued by the judicial licensee in respect of personal liberty,

c) he or she is detained abroad, the conditions for the issuance of an international arrest warrant or a European arrest warrant are met, and the transfer or extradition to Hungary of a person accused or suspected of having committed a criminal offense is justified.

(2) In the event of the arrest or extradition or surrender to Hungary of an arrest warrant, his detention shall be ordered, and

(a) within 24 hours, the other public prosecutor's office or investigating authority issuing the arrest warrant or designated therein,

(b) within seventy-two hours be brought before the court which issued the arrest warrant or another court designated by it.

(3) If an authority or official becomes aware of the contact details of a person against whom an arrest warrant has been issued, he or she shall inform the issuing court, prosecutor's office or investigating authority thereof.

(4) There is no appeal against the issuance of an arrest warrant. If an accused person who is the subject of an arrest warrant or is reasonably suspected of having committed a criminal offense voluntarily appears before the court, prosecutor's office or investigating authority issuing the arrest warrant, the arrest warrant shall be revoked and his detention ordered in accordance with paragraph 1 ( b) or may take place in cases where another reason for ordering a coercive measure affecting the personal liberty of a judicial licensee may be established.

(5) If the accused person is apprehended on the basis of an arrest warrant, the costs incurred in bringing him before a court, the public prosecutor's office or the investigating authority after his arrest shall be a criminal offense.

The arrest warrant shall be immediately revoked if:

(a) the reason for the order has ceased to exist, or

(b) the proceedings have been terminated or terminated.

7. The revocation or amendment of the arrest warrant shall be decided by the court, public prosecutor's office or investigating authority before which the proceedings are pending. An arrest warrant issued by an investigating authority prior to prosecution may also be revoked or amended by the prosecution.

8. If the proceedings are not pending before the court, prosecutor's office or investigating authority issuing the arrest warrant, or the trial court, prosecutor's office or investigating authority changes during the proceedings and the conditions of the arrest warrant continue to apply, the revoking court shall , the public prosecutor's office or the investigating authority shall take steps to record this circumstance in a circular registration system.

(9) There is no appeal against the revocation or amendment of the arrest warrant.

(10) In the event of or after the issuance of an arrest warrant, the court may issue an international arrest warrant or a European arrest warrant in accordance with the conditions and procedures specified by law.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.