''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state,7. Title 184
RECEIPT OF THE IMPLEMENTATION OF THE DEFINITELY DISCLOSURE OF ELECTRONIC DATA''
60 / F. § The execution of the permanent unavailability of electronic data ordered by a foreign court may be taken over upon request.
''Chapter V Procedural legal aid, 7. Title Interrogation by telecommunication device''
§ 67. (1) A request for procedural legal assistance submitted by the requesting judicial authority for the questioning or hearing of a person residing in Hungary as a witness, accused or expert by audiovisual means or by telephone conference as a witness or expert by ordering him to be heard or heard by
(2) A request for legal aid to be heard by an accused audiovisual device may be complied with with the consent of the accused. A request for legal aid for the examination or hearing of a witness or expert by telephone conference may be complied with with the consent of the witness or expert.
''Chapter V Procedural legal aid,. 9. Title Controlled delivery''
§ 69. (1) The county attorney general's office has the competence to fulfill a request for procedural legal assistance for the implementation of controlled delivery through the territory of Hungary.
2. A request for controlled delivery may be granted in respect of an offense for which extradition is sought.
3. Controlled deliveries may be carried out on the basis of an ad hoc agreement with the requesting State. The ad hoc agreement is prepared by the police or a body designated by law to carry out controlled deliveries by the police or the National Tax and Customs Administration.
4. The ad hoc agreement shall provide for:
a) the content of the consignment, the expected route and the expected duration of the shipment, the mode of transport, data suitable for the identification of the means of transport,
b) the person in charge of the controlled delivery,
(c) the body involved in the controlled delivery,
d) the way in which the participants are to be contacted,
e) the method of escort,
f) the number of persons involved in the escort,
g) the circumstances of delivery and receipt of the consignment,
(h) the measures to be taken in the event of capture,
(i) the measures to be taken in the event of an unforeseen event.
''Chapter V Procedural legal aid, 10. Title Use of a covered detective''
§ 70. (2). The use of a detective may be carried out on the basis of an ad hoc agreement with the requesting judicial authority. The ad hoc agreement is prepared by the police or the body designated by law to carry out the use of a covert detective by the police or the National Tax and Customs Administration.
''Chapter V Procedural legal aid, 11. Title Establishment of a joint investigation team''
§ 71. (1) The Chief Prosecutor or the Prosecutor appointed by him or her shall have the authority and competence to execute or initiate a request for procedural legal assistance for the establishment of a joint investigation team by the requesting judicial authority.
2. A request for legal aid for the setting up of a joint investigation team may be complied with or submitted by the Prosecutor General or a prosecutor designated by him in the following cases:
(a) in the course of an investigation, where the detection of a cross-border crime is particularly difficult;
(b) if several States are prosecuting the offense, there is a need to coordinate investigations.
''Chapter V Procedural legal aid, 12. Title Exchange of information without request''
§ 73. (1) In a pending or completed criminal case, the Hungarian judicial authority may provide information directly to the foreign judicial or investigative authority, even without a request for information, if it can be reasonably assumed that the information provided to the foreign authority is a criminal offense. necessary for the prevention, detection or effective prosecution of criminal proceedings.
(2) The Hungarian judicial authority may consent to the use of data provided in the course of information as evidence if the use of the data as evidence is subject to the provisions of the Be. conditions are met.
(3) The Hungarian judicial or investigative authority may receive information directly from a foreign authority in ongoing criminal proceedings, even without a request for information. The information provided during the information may not be used as evidence without the consent of the foreign authority providing the information.
''Chapter V Procedural legal aid, 13. Title Return object''
§ 74. (1) The public prosecutor's office shall have the competence to execute a request for procedural legal assistance submitted by the requesting judicial authority for the purpose of returning the victim or the person entitled thereto. The prosecutor's office in whose territory the object or property specified in the request is located has jurisdiction for enforcement.
2. The request referred to in paragraph 1 may be complied with if the requesting judicial authority,
(a) the ownership of the victim or the person entitled thereto is established beyond doubt, and
b) the object or property indicated in the request, the Criminal Code. Section 72 (1) ( c) of the Criminal Code. It may be seized subject to Section 74 (1) ( a) and (d) .
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.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.