National procedures re enforcement of sentences imposed

Republic of Hungary

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

''II. Chapter The extradition, 2. Title, Applying for a foreign state for extradition''

§ 34 (2) . The part of the penalty or measure referred to in paragraph 1 shall be determined on the basis of the proportion of the upper limits of the punishment items for the offenses on which the collective punishment is based.

34 / A. § (1) No criminal proceedings may be instituted, convicted or otherwise deprived of liberty against the accused for any other criminal offense committed before his or her extradition which is the basis for his or her extradition.

''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state ARC. Chapter
ENFORCEMENT ASSISTANCE  General rules''

(1) Notices serving as the basis for the recognition of a final judgment rendered by a court of a foreign state (hereinafter: foreign judgment) or the permanent inaccessibility of a custodial sentence, a measure involving deprivation of liberty, confiscation or confiscation of property and electronic data requests for the transfer of the execution of a foreign order shall be received by the Minister and, if Section 2 does not preclude its execution, shall be sent to the court. The Metropolitan Court has jurisdiction and jurisdiction to recognize a foreign judgment and to examine whether the conditions for the execution of a custodial sentence, a measure involving deprivation of liberty, confiscation or confiscation of property and final disclosure of electronic data exist.

(2) Unless otherwise provided by this Act,

(a) the proceedings are instituted of their own motion or on application by the public prosecutor's office, the accused or the defense counsel,

b) the court acts as a single judge without the assistance of the presidents,

(c) the court decides on the basis of the documents and, if necessary, hears the prosecutor, the accused and the defense counsel at a hearing; hold a trial if evidence is taken,

(d) the court of second instance shall also hear an appeal against the judgment of the court of first instance; and

(e) there is no need for third-party proceedings.

(3) There is no need to review the final decision of the court.

(4)  A court clerk may also act in connection with the recognition of a foreign judgment, the taking over of the execution of confiscation of property or confiscation, and the taking over of the execution of the final disclosure of electronic data.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.