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.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.