Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance

Republic of Hungary

Hungary - International Assistance in Criminal Matters Act (1996) EN

''Chapter V Procedural legal aid, 4. Title Special rules for certain forms of legal aid''

§ 64 Forms of legal aid in particular:
(a) the temporary transfer of a detainee to the requesting State,

(b) the temporary transfer of a detained person to the requesting State;

''Chapter V 190 Procedural legal aid, 5. Title Temporary transfer of a detainee to the requesting State''

§ 65. (1) A request for the temporary transfer of a person detained in Hungary in order to be present at a procedural act to be performed in the territory of the requesting state shall be received by the Minister.

(2) The temporary transfer of a detained person may take place on the basis of an agreement concluded with the requesting State by the Minister with the competent authority of the requesting State.

(3) The Minister shall consider the admissibility of a request for legal aid

a) in the case of 199 persons under arrest, with the court or public prosecutor's office hearing the case,

(b) in the case of a person serving a final custodial sentence or detention order, with the sentencing judge

agree.

''Chapter V Procedural legal aid, 6. Title Temporary transfer of a detainee to the requesting State ''

§ 66. (1) In connection with the performance of a procedural act indicated in a request for legal aid in Hungary, the Minister shall receive a request for legal aid for the temporary transfer of a person detained in the requesting State to Hungary in order to be present at the procedural act.

(2) The temporary reception of a detained person may take place on the basis of an agreement concluded with the requesting State by the Minister with the competent authority of the requesting State.

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:

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

7.

(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.