''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state 1. Title
Transfer of criminal proceedings''

37. § (1) Criminal proceedings may be transferred if, in particular in view of the place of the offense, the actual place of residence of the accused or the interests of the victim, it is expedient that it be conducted by an authority of another state.

2. The transfer of criminal proceedings or a request for the transfer of criminal proceedings shall not be precluded by the fact that criminal proceedings are already pending in the requested State in respect of the offense which is the subject of the criminal proceedings.

37 / A. § The transfer of criminal proceedings is obligatory if, in a matter falling under Hungarian criminal jurisdiction, by a foreigner

(a) domestically, and

b) on a Hungarian ship or Hungarian aircraft outside the borders of Hungary

Hungary waived the prosecution of a criminal offense in an international treaty promulgated by law.

38. § (1) On the basis of the submission of the court or prosecutor's office conducting the criminal proceedings (hereinafter: Hungarian judicial authority) and the sending of the documents of the proceedings - the Chief Prosecutor, then the Minister shall contact the foreign state .

(2) The Attorney General or the Minister may also examine the justification for submitting a request for legal aid for the transfer of criminal proceedings at the initiative of a foreign state.

§  (1) In order to transfer criminal proceedings, the Attorney General or the Minister may, in justified cases, also hold consultations with the foreign state before submitting the request, in particular:

(a) the transmission of the documents or of certain parts of them, the method of transmission and the need to translate the documents,

b) the objects seized in criminal proceedings or treated as criminal offenses, their transfer and the method of transfer,

(c) property seized in criminal proceedings.

(2) In the case of transfer of criminal proceedings, procedural acts in Hungary shall be deemed to have been performed on the basis of a request for legal aid submitted by the receiving country. The provisions on legal aid shall apply mutatis mutandis to the transfer of documents, objects or property.

40. § (1) If the accused is arrested in the Hungarian criminal proceedings on which the request for the transfer of criminal proceedings is based or is subject to other coercive measures affecting personal liberty, the Attorney General or the Minister shall consult with the requested State on the transfer of the accused.

(2) The transfer of the accused may take place only after the receipt of the Hungarian criminal proceedings.

(3)  If a defendant who is under arrest in Hungarian criminal proceedings or is subject to another coercive measure affecting personal liberty is transferred in order to transfer the criminal proceedings, the coercive measure shall last until the transfer to the accused foreign authority.

(4)  If the accused is subject to criminal supervision and cannot be transferred by any other means after the consultation pursuant to paragraph 3, the trial court or public prosecutor's office may order the arrest of the accused for the purpose of transfer. The imposition of transfer custody shall not affect any coercive measure affecting personal liberty applied. The custody of the accused in transit may last until the accused is handed over to the foreign authority, but for a maximum of seventy-two hours. Transfer custody shall be lifted if, during its duration, the transfer of the laden cannot be carried out due to an unavoidable obstacle. In this case, the custody of the defendant may be re-ordered for transfer.

(5) NEBEK shall arrange the transfer of the accused with the assistance of the police in consultation with the foreign authority.

(6)  If the transfer of the criminal proceedings takes place in such a way that the accused is under arrest in the Hungarian criminal proceedings or is subject to other coercive measures affecting less severe personal liberty, § 13 (2), § 15 and 16 The provisions of § shall be applied accordingly.

§ 41. (1) Following the submission of a request for legal aid for the transfer of criminal proceedings, criminal proceedings may be continued, but may not take place

a)  to terminate the proceedings,

b)  indictments, conditional prosecution suspensions,

(c) to refer the matter to mediation, or

(d) to take a final decision.

(2) An application for legal aid for the transfer of criminal proceedings may be withdrawn until the foreign state decides on the transfer.

42. §  (1)The court or prosecutor's office conducting the proceedings - taking into account the transfer of the accused and the transfer of the items seized in the criminal proceedings - shall establish after the decision of the foreign state to take over the criminal proceedings. an authority of a foreign state and, in view of this, terminates the proceedings in Hungary.

(2) There is no appeal against a decision terminating the proceedings.

(3) The transferred criminal proceedings may not be continued in Hungary, with the exception specified in paragraph (4).

(4) The court or the public prosecutor 's office shall order the continuation of the transferred criminal proceedings if

a) the decision of the receiving foreign state to take over the criminal proceedings is revoked,

(b) the receiving foreign State establishes, upon receipt of the criminal proceedings, that the criminal proceedings could not have been taken over,

c) Hungary will take over the conduct of the transferred criminal proceedings.

''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state, TAKEOVER OF THE CONFISCATION OR EXECUTION OF THE CONFISCATION''

60 / C. § (1) The court shall examine, on the basis of the relevant provisions of this Act and international treaties, whether the conditions for the execution of a request for confiscation of property or the execution of confiscation are met and shall recognize the confiscation or confiscation on the receipt of the implementation.

(2)  The court shall send the final decision order to the Minister for notification to the foreign court. The Minister shall notify the requesting foreign State of the order.

''Chapter V  Procedural legal aid, 1. Title Rules for the submission and execution of procedural legal aid in the absence of an international treaty and reciprocity''

§ 61. (1) In the absence of an international treaty and reciprocity, a request for procedural legal aid may not be complied with or submitted

a) if the condition specified in Section 5 (1) ( a) is not met,

(b) if the execution of a request for legal aid requires the application of a coercive measure,

(c) if the execution of the request for legal assistance requires the transfer of a detained person,

d) in the case of controlled deliveries,

e) in the case of the use of a covert detective,

f) in the case of the use of concealed devices subject to 191 judicial licenses,

(g) in the event of the setting up of a joint investigation team,

h) in case of return of the object.

(2) 192 Subject to Section 76 (1), a request for legal aid shall be received by the Prosecutor General and, if the preconditions for the performance of legal aid specified in this Act exist, shall be forwarded to the prosecutor's office designated by him or her for the provision of legal aid.