''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.
60 / G. § (1) The court shall examine whether the conditions for the execution of the request for the transfer of the execution of the permanent disclosure of electronic data are met and whether the request contains the data necessary for the domestic execution to identify the source of the electronic data. On this basis, the court shall provide for the recognition and enforcement of a foreign judgment on the permanent unavailability of electronic data and order the enforcement of the final unavailability of electronic data by the removal of the electronic data.
(2) The court shall send the final, reasoned order of the case to the Minister for notification to the foreign court. The Minister shall immediately notify the requesting foreign State of the order.
(3) Enforcement ordered on the basis of a foreign judgment shall be terminated immediately if the enforceability of the foreign judgment has ceased.
''Chapter V 190 Procedural legal aid, 3. Title General rules for the provision of procedural assistance on the basis of an international treaty or reciprocity''
§ 63. (1) Unless otherwise provided by this Act, the prosecutor's office and then the court shall have the right to submit a request for procedural legal aid directly after the commencement of criminal proceedings until the indictment.
2. A request for legal aid shall be transmitted to the competent judicial authority of the requested State. If, on the basis of the available data, it is not possible to determine which judicial authority has the competence and competence to execute the request, the request shall be forwarded directly to the central authority of the foreign state.
(3) A request for procedural legal aid may be submitted if it is necessary and proportionate in criminal proceedings, and the procedural act indicated in the request could be performed in accordance with Hungarian law under the conditions specified therein.
(4) In a request for procedural legal aid, the Hungarian judicial authority shall may initiate the performance of a procedural act pursuant to the provisions of the Act, if the indicated procedural act could also be performed in accordance with the Hungarian legislation under the conditions specified therein.
63 / A. § (1) A request for legal aid shall be sent translated into the official language, one of the official languages of the requested State or into the language indicated by the requested State.
2. A request for legal aid may be made by any means capable of establishing the authenticity of the request.
(3) If it is possible to send a request for legal aid directly, the request may also be submitted via NEBEK in urgent cases.
(4) The provisions of paragraphs (1) to (3) shall apply mutatis mutandis to other documents or information transmitted by the Hungarian judicial authority and to documents or information transmitted by the requested judicial authority to the Hungarian judicial authority.
5. At the request of the requested State, when the request is made, other documents are served or information is provided, the documents shall be transmitted in the manner specified by that State, to the central authority or ministry of that State or to the requested judicial authority. shall also be forwarded to the
(6) If necessary for the successful execution of a request for legal aid, the Hungarian judicial authority and the requested judicial authority may consult with each other in accordance with paragraphs 1 to 5.
(7) If a minister, central authority or other authority is entitled to submit or receive a request for legal aid under this Act or the law of a foreign state, the provisions concerning the Hungarian judicial authority and the foreign judicial authority in connection with the submission of the request or shall be applied accordingly to the receiving authority.
63 / B. § (1) The Hungarian judicial authority may request the requested judicial authority to carry out the procedural act indicated in the request, taking into account the Hungarian legislation or applying the technical method specified by it.
(2) In a request for procedural legal aid, the Hungarian judicial authority may initiate the performance of the procedural act within a specified term or deadline.
63 / C. § (1) The Hungarian judicial authority may request that one or more members of the Hungarian judicial or investigative authority be present in the territory of the requested State when the procedural act is performed.
(2) If a member of the Hungarian judicial or investigative authority is present in the territory of the requested State when the procedural act is performed, he shall, in the performance of his duties, act in accordance with the rules of the requested State.
(3) The Hungarian State shall reimburse the full amount of compensation paid by the requested State in accordance with the law of the requested State for damage caused by a member of the Hungarian judicial or investigative authority present in the requested State in connection with the execution of a request for procedural assistance.
63 / D. § 196 If the protection of a person participating in criminal proceedings in the requested State or of another person with regard to that person is justified during the execution of a request for legal aid, the Hungarian judicial authority may consult with the requested judicial authority on the means of protection available in the requested State. In doing so, the Hungarian judicial authority It may also initiate the application of the provisions contained in Section 85 (1) and Section 86 (2) a), c), d), f) and g) .
63 / E. § (1) The Hungarian judicial authority may initiate a consultation on the receipt of the means of proof obtained during the execution of the request for procedural legal aid, as well as the related documents.
(2) If, upon the transfer of the means of proof, the requested judicial authority so requests, the Hungarian judicial authority shall return the means of proof in the same condition as at the time of transfer, as it is no longer required in Hungary.
(3) If the requested judicial authority postpones the transfer of the means of proof, the Hungarian judicial authority may initiate the temporary transfer of the means of proof.
(4) In the case of a request for legal aid, the legislation of the requested State shall apply to the disposal of a means of proof seized or otherwise provided in the requested State from Hungary. If the transfer of the means of proof did not take place under the condition specified in paragraphs (2) or (3), the means of proof shall be disposed of upon receipt of the means of proof in accordance with Hungarian law.
63 / F. § The Hungarian judicial authority shall inform the requested judicial authority if the reason for fulfilling the request for procedural legal aid no longer exists.
63 / G. § (1) The costs incurred in the territory of Hungary in connection with the submission of a request for legal aid shall be criminal costs.
(2) At the request of the requested State, the Hungarian judicial authority shall reimburse the costs related to the appearance of the witness and the secondment of the expert in connection with the execution of the request for legal aid.
(3) If, on the basis of the information requested by the requested judicial authority, the execution of the request for legal aid entails significant costs, the Hungarian judicial authority shall consult with the requested state judicial authority and examine whether the purpose of the request can be achieved by a less costly procedural act. If possible, the Hungarian judicial authority may amend or supplement the request for legal aid.
(4) If the requested judicial authority makes the execution of the request for legal aid conditional on the advance or reimbursement of the costs of execution by the Hungarian state in full or in part, an agreement on the advance or reimbursement of the costs may be concluded. If the conclusion of the agreement fails, the Hungarian judicial authority may amend, supplement or withdraw the request for legal aid.
(5) In connection with the execution of a request for legal aid, the costs reimbursed by the Hungarian judicial authority to the foreign authority shall be criminal costs.
''Chapter V 190, 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.
(3) A court shall be entitled to execute a request for procedural legal aid only if it is expressly requested by the requesting judicial authority or if the court is entitled to execute the requested procedural act on the basis of Hungarian legislation.
(4) In the case specified in subsection (3), the request for procedural legal aid shall be sent by the Attorney General to the Minister for transmission to the court.
(5) Hungary receives requests in Hungarian. The request submitted by Hungary shall be translated into the official language or one of the official languages of the requested State.
(6) Prior to the indictment, the Attorney General and the Minister shall have the right to submit a request for legal aid.
(7) In the execution of a request for legal aid, contact with the requesting judicial authority may be effected through the Attorney General or the Minister.
(8) The result of the execution of a request for legal aid shall be handed over by the Attorney General or the Minister to the requesting judicial authority or taken over from the requesting judicial authority.
(9) Reimbursement of criminal costs incurred in executing a request for legal aid may be requested from the requesting State. If the execution of a request for legal aid entails significant costs, the requesting State may be required to provide an advance in whole or in part.
(10) At the request of the requested State, the Hungarian State shall advance or reimburse the costs incurred in the execution of the request for legal aid.
(11) In the absence of an international agreement or reciprocity, the provisions of this Chapter shall apply with the derogations provided for in paragraphs 1 to 10.
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.
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.