FREEDOM AND RESPONSIBILITY

XIV. article
(2) Hungarian citizens may not be expelled from the territory of Hungary and may return home from abroad at any time. An alien residing in the territory of Hungary can only be expelled on the basis of a legal decision. Group expulsions are prohibited.
(3) No one shall be expelled or extradited to a state where there is a risk that he or she would be sentenced to death, torture or other inhuman or degrading treatment or punishment.

''Chapter I. general rules''

§ 4. (1) 3 Forms of criminal legal aid:

a) extradition

''II. Chapter, The extradition, 1. Title, Extradition from Hungary''

§ 11. (1) At the request of a foreign state, a person residing in Hungary may be extradited for the purpose of conducting criminal proceedings, imprisonment or the execution of a measure involving deprivation of liberty.

(2) Extradition shall be granted for the purpose of criminal proceedings if the act for which extradition is requested is punishable by a term of imprisonment of at least one year under both Hungarian law and the law of the requesting State; and imprisonment for the purpose of enforcing a penalty or measure involving deprivation of liberty if the part of the custodial sentence or measure still enforceable is more than six months.

12. § (1) There is no place for extradition if

a) the offense or the sentence for which extradition is sought is time-barred, either in the requesting State or in Hungary,

b) the person to be extradited has been punished by the pardon or the execution of the sentence imposed on him is excluded by the pardon,

(c) no private motion or other motion having equivalent effect has been made or consent given in the requesting State;

d) the Hungarian court has finally ruled on the act on which the extradition is based,

(e) the requesting State requests the extradition of a person for the purpose of serving a custodial sentence or measure involving deprivation of liberty imposed on him or her and the rights of the defense have not been ensured in the pre-trial proceedings.

2. Extradition shall not be refused pursuant to paragraph 1 ( e) if the requesting State provides adequate guarantees that the requested person will have the right to a retrial at the request of the requested person.

13. § (1) If no exceptions are made to this Act, the extradition of a Hungarian citizen shall be valid only if

(a) the requested person is also a national of another State; and

b)  does not have a home address in Hungary.

(2)  If it is not possible to take criminal proceedings before a judicial authority of a foreign state against a person with extradition and Hungarian citizenship in the territory of Hungary pursuant to a decision of the Attorney General, the person to be extradited may be extradited for a criminal offense. imprisonment for at least one year under both Hungarian law and the law of the requesting state, provided that the foreign state consents to the execution in Hungary of a final custodial sentence or measure involving deprivation of liberty imposed on the accused at his request.

(3) Notwithstanding the provisions of subsection (1), a Hungarian citizen whose extradition has been authorized to Hungary may be transferred to a foreign state without conducting extradition proceedings on the condition that upon extradition of the criminal proceedings against him or her, shall be transmitted for the purpose of fulfilling the

14. §  (1) It is necessary to deny the extradition of a refugee, unless it requests a safe third country under the Act on Asylum.

(2)  An alien who has been recognized as an asylum seeker and a foreigner seeking recognition as a refugee or asylum seeker may not be extradited to the state from which he or she has fled.

(3)  In cases where the requested person is requested to be recognized as a refugee or asylum seeker or an asylum procedure is pending, the period of coercive action against the requested person shall be extended, taking into account the final termination of the asylum procedure, so that the refugee or at least forty days after the refusal of recognition as an asylum seeker to decide on the extradition and to surrender the extradited person. However, the total duration of the coercive measure may not in this case exceed twenty-four months from the beginning of the coercive measure.

14 / A. § (1) Extradition shall be refused if its execution is in conflict with an international convention.

2. If the requested person lodges a human rights complaint with an international organization and the international organization requests an interim measure upon receipt of the complaint, the period of coercive measures against the requested person shall be extended to at least forty days after the complaint has been rejected. be available to decide on extradition or to surrender the person. In this case, the total duration of the coercive measure shall not exceed twenty-four months from the beginning of the coercive measure.

§ 15  If the law of the requesting State permits the imposition of the death penalty for the offense on which the request for extradition is based, the Minister may authorize extradition only if the requesting State provides sufficient assurance that if the extradited person is sentenced to death, it is not carried out against him.

§ 16. (1) Extradition may be granted even in the case of other conditions only if it is ensured that

(a) no other extraditable offense is committed against the requested person prior to his or her extradition, no criminal proceedings are taken in the requesting State or no measure restricting his or her liberty is taken, and no extradition is granted or transferred to a third country; due to an act

(b) the extradited person may leave the territory of the Requesting State after the criminal proceedings against him or her have been completed or the execution of the sentence has been completed.

(2) The Minister may, at the request of the requesting State, agree to the lifting of the restrictions laid down in paragraph 1 ( a) following the decision authorizing extradition , provided that the conditions for extradition also apply in this respect.

(3) Consent under paragraph 2 shall not be required for the lifting of restrictions under paragraph 1 ( a) if the extradited person does not leave the territory of the requesting State within forty-five days of his or her release. , or returns there after leaving. During the extradition procedure, the person requested to be extradited must be warned of this.

(4)  If the requested person voluntarily waives the restrictions set out in paragraph 1 after being informed of the legal consequences of the waiver, the extradition shall not be subject to the conditions set out in paragraph 1.

§ 17 If several States apply for the extradition of the same person, the extradition decision shall take into account, in particular, the place of the offense, the nationality of the requested person, the order in which the requests are received and their material weight.

Section 18 (1) Requests for extradition shall be received by the Minister and, if Section 2 does not preclude their execution, shall be sent to the Metropolitan Court without delay.

(2)  In cases falling within the jurisdiction of this Court under this Title, only the Metropolitan Court shall act as single Judge. An appeal against a non-decision-making order of the Metropolitan Court, unless precluded by this Act, shall be admissible and shall be adjudicated by the Metropolitan Court of Appeal at a panel meeting. The appeal shall not have suspensory effect.

§ 19. (1)  If the requested person is in an unknown place, the Metropolitan Court shall order the search of the requested person. If this measure leads to success, the police will order the detention of the requested person and bring it before the Metropolitan Court. Extradition detention may last for a maximum of seventy-two hours.

(2) If the requesting State so requests, the Metropolitan Court shall order the search and seizure by the police of the objects specified in Section 30 (1).

(3)  The seizure of objects indicated by the requesting State in the international arrest warrant or extradition request pursuant to Section 30 (1) may also be ordered by the authority acting upon the arrest of the requested person.
§ 20. (1) The Metropolitan Court

(a)  send the files relating to the requested person to the Public Prosecutor's Office for a motion;

(b)  if the presence of a lawyer is mandatory in the proceedings and the requested person does not have an authorized lawyer, he or she shall appoint a lawyer and it shall be for the court to appoint a lawyer;

(c) holds a question of extradition which, in the case of compulsory defense, cannot be held without the participation of the defense counsel;

d) notifies the prosecutor's office of the hearing, in case of compulsory defense, summons the defense counsel, otherwise notifies.

(e) hear the person sought, in particular on his or her identity and nationality; and the circumstances affecting the conditions of extradition under this Act, if he so wishes;

f)  inform the requested person about the rules specified in Section 16, the possibility of waiver, and declare the requested person in this regard, as well as record the training and the statement of the requested person in the minutes;

g) 

(h) if the conditions for extradition are met, order the extradition arrest of the person sought.

(1a) The Metropolitan Court shall submit the final order ordering the extradition arrest, together with the case file, to the Minister for a decision on the issue of extradition.

(2)  If the requested person is not present in Hungary or the measure taken to search him or her has not been successful, the Minister shall be notified, who shall inform the requesting State thereof.

(3)  The criminal costs incurred in the extradition proceedings shall be borne by the State.
21. § 44

§ 22. (1)  Extradition arrest may last for a maximum of six months, it may be extended by the Metropolitan Court for a maximum of six months at a time. If extradition is requested for the purpose of enforcing a custodial sentence or measure involving deprivation of liberty, the duration of the extradition arrest shall not exceed the duration of the custodial sentence or measure involving deprivation of liberty to be executed.

(2)  The arrest of extradition shall be terminated immediately by the Metropolitan Court if

a)  the extradition was refused by the Minister,

b) the extradition request has been withdrawn,

(c) the extradited person has not been received by the Requesting State within fifteen days from the date indicated.

(3)  In the case of a person remanded in custody, the date of commencement of arrest shall be the date on which the request for extradition is received by the Minister. In this case, the temporary extradition arrest lasts until the extradition arrest is ordered.

(4) If the requested person is in custody at the time of the arrest or extradition detention order, is serving a custodial sentence or detention order or is subject to a custodial measure, the arrest or detention order shall be issued from that date. when the arrest ceases or the execution of the custodial sentence, the detention order or the custodial measure is completed.

§ 23  (1) During the order of temporary extradition arrest, if the conditions of extradition can be established on the basis of the available data, the Metropolitan Court shall inform the person requested to extradite that if he consents to extradition, the Minister may consent to extradition upon receipt of the extradition request. even before; record the training and the statement of the person sought to be extradited (simplified extradition).

2. The consent provided for in paragraph 1 may not be withdrawn.

(3)  If the person requested to extradite consents to extradition, the court shall submit to the Minister, together with the case file, the final order ordering the temporary extradition arrest.

§ 24. (1) In cases of urgency, especially if there is a risk of absconding, the requesting State may request the temporary arrest of the person whose extradition it intends to request to be ordered before the extradition request is made.

(2)  A request for provisional arrest for extradition may also be made through the International Criminal Cooperation Center (hereinafter referred to as NEBEK). NEBEK will arrange for the requested person to be remanded in custody for the purpose of extradition and brought before the Metropolitan Court. The period of detention may not exceed seventy-two hours.

§ 25. (1) Temporary extradition arrest shall be terminated if no request for extradition is received within forty days of its order. If the request for extradition is subsequently made, the termination of the temporary extradition arrest shall not preclude the ordering of extradition arrest pursuant to Section 20 (1) ( h) .

(2) The Minister shall immediately notify the requesting State of the temporary arrest of extradition. The notification shall also indicate when the temporary custody arrest will cease in accordance with paragraph 1.

25 / A. §  (1)  Except in the case specified in subsection (2), coercive measures affecting personal liberty other than temporary extradition arrest and extradition arrest shall not be applied. There is no place for bail during the extradition procedure.

(2) Temporary extradition arrest may be replaced by temporary extradition criminal supervision in which the court requires the accused not to leave a specified area, apartment, other room, institution or fenced space without permission if the extradition application against a person domiciled in Hungary

(a) was presented for an offense for which the sentence of the requesting State is punishable by a maximum term of imprisonment of five years or a custodial sentence, or

(b) has been submitted because he or she has been convicted of a custodial sentence or measure involving deprivation of liberty and the remainder of the custodial sentence or measure involving deprivation of liberty does not exceed three years,

and, in particular, the personal and family circumstances of the requested person and the circumstances in which he or she was apprehended may be achieved by a less coercive measure.

25 / B. §  (1) The Metropolitan Court shall § (2), it stipulates that the police shall also check the observance of the provisions of the coercive measure by means of a technical device monitoring the movement of the person requested to be extradited. The court shall clarify the technical conditions for the installation of a technical device to monitor the movement of the requested person prior to the order.

(2) A 25 / A. § (2), the rules of temporary extradition arrest shall apply accordingly for the duration of the temporary extradition criminal supervision.

(3) The detention of the requested person shall be ordered if

a)  a 25 / A. § (2) violates the rules of temporary extradition criminal supervision,

(b) does not appear in the pleading despite the summons and does not save it in advance with good reason or does not give good reason immediately after the impediment has ceased to exist,

(c) during the installation of a technical device to monitor the movement of the requested person, it is established that the conditions for the use of the technical device are not met.

(4) In the cases specified in subsection (3), the court shall order the temporary extradition arrest of the requested person, but there is no place to impose a fine.

§ 26. (1)  The Minister shall decide on the issue of extradition. If, according to a court order, the conditions for extradition laid down by law do not apply, the Minister shall refuse extradition by reference to a court order.

(2) The Minister shall notify the requesting foreign State of his decision.

(3)  In the case of a simplified extradition, if the Minister consents to the extradition in such a way that the person requested to extradite in accordance with Article 25 / A. § (2) is subject to temporary extradition criminal supervision, the arrest of the accused and the arrest of extradition shall be ordered. In this case, the starting date of the extradition arrest is the date of detention with the consent of the Minister.

§ 27. (1)  NEBEK shall ensure the transfer of the extradited person with the assistance of the police.

(2)  If the extradition of the extradited person was not possible due to an unavoidable obstacle outside any of the determining authorities, the period of arrest or detention shall be extended so that the extradited person has at least twenty days after the unavoidable obstacle has ceased to exist. to transfer. The extradited person shall be released immediately after the expiry of this period.

§ 28 If extradition has been refused by the Minister or the extradited person has not been taken over by the requesting State, the Minister shall send the case files to the Attorney General for the purpose of instituting criminal proceedings or other measures.

§ 29. (1)  If the extradited person is being prosecuted in Hungary for another criminal offense, or the extradited person is serving a custodial sentence or detention order, the Minister may postpone his or her transfer until the end of the proceedings or the execution of the sentence.
(2)  If the surrender of the extradited person has been postponed by the Minister pursuant to the provisions of paragraph (1), he may, at the request of the requesting State, authorize his temporary transfer to the requesting State for the purpose of carrying out an urgent procedural act. The requested person may be surrendered on a temporary basis if it is ensured that he or she is detained in the requesting State and returned within a specified period.

(3)  According to the rules of the Criminal Code on the calculation of pre-trial detention and criminal supervision, the total duration of foreign detention shall be included in the penalty or custodial measure imposed by the court, taking into account the nature of the foreign imprisonment or custodial measure.

§ 30. (1)  In the course of extradition proceedings, the Metropolitan Court may authorize the transfer to the requesting State of objects which have served as a means of the criminal offense on which the request for extradition is based or have been acquired by the offender through such criminal offenses. replaced or may serve as a means of physical evidence.

(2) The transfer of these objects may be authorized even if the extradition has been authorized but the person requested to be extradited has not been transferred.

(3) If the transfer of objects is authorized, the transfer

(a) may be deferred for as long as is necessary for the purpose of official proceedings in Hungary, or

(b) may be made conditional on their being returned within a specified period.

(4)  If the State requesting extradition is likely that the property referred to in paragraph (1) the person or another sought to hide, destroy or otherwise withdraw from the process, On. 302–338. §, a coercive measure may be ordered to prevent this.

(5) The provisions of this Section shall not affect the right of ownership and other rights existing in these objects.

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

§ 31.request for extradition may be submitted to a foreign state in order to conduct criminal proceedings, impose a custodial sentence or a measure involving deprivation of liberty.

§ (1) The court may issue an international arrest warrant against the accused, provided that the material gravity of the offense justifies it, for the purpose of conducting criminal proceedings or the execution of a custodial sentence or measure involving deprivation of liberty. ).

(2)  An international arrest warrant may be issued for the purpose of conducting criminal proceedings after indictment, even if the condition set out in subsection (1) is met, if the prosecution or in the amendment or extension of the charge prosecutes a custodial sentence or correctional education. .

(3)  Prior to indictment, the international arrest warrant shall be issued by the investigating judge. If a custodial sentence or measure involving deprivation of liberty is to be executed, the international arrest warrant shall be issued by the sentencing judge.

(4) The court shall send the international arrest warrant and, in the case of an international arrest warrant issued for the purpose of enforcing a custodial sentence or measure involving deprivation of liberty, the final judgment to the Minister.

(5) The international arrest warrant shall be revoked immediately if the reason for issuing it has ceased to exist. The court may also withdraw the arrest warrant ex officio before the indictment. If an international arrest warrant has been issued prior to the indictment but the prosecution has not filed a motion to impose a custodial sentence or correctional facility to be executed in the indictment, the international arrest warrant must be revoked immediately. If the accused is arrested on the basis of an international arrest warrant and the conditions for issuing an international arrest warrant are otherwise met, the international arrest warrant may be revoked only after the defendant has been handed over to Hungary, except as provided in Section 33 (2).

33. §  (1) The Minister shall decide on the submission of a request for extradition; notify the court issuing the international arrest warrant of its decision.

(2) If the Minister does not submit the extradition request, the international arrest warrant shall be revoked immediately, subject to the Minister being informed.

§ 34. (1)  Imprisonment in case of extradition for execution of a sentence or measure involving deprivation of liberty, if a collective punishment has been imposed and the extradition is not requested by the Minister for execution of a sentence or measure imposed on the basis of all acts to enforce a sentence or measure, the court of first instance shall determine the part of the sentence or measure relating to the act in respect of which extradition is requested by the Minister or authorized by the foreign State.

(1a)  Save as otherwise provided in 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.

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.

(3) If a custodial sentence or measure involving deprivation of liberty for which extradition is requested by the Minister or for which extradition is authorized by a foreign State has been included in the custodial sentence, the custodial sentence or measure involving deprivation of liberty for which extradition is requested shall be enforced, or authorized. Paragraphs 1 and 2 shall apply mutatis mutandis where a collective penalty has been imposed in the basic judgment.

(4) If extradition is requested or authorized for the execution of any custodial sentence or measure involving deprivation of liberty included in the total sentence, the custodial sentence or measure involving deprivation of liberty provided for in the total sentence shall be executed.

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.

Paragraph 1 shall not apply if:

a) the accused does not leave the territory of Hungary, although he would have had the opportunity to do so, within forty-five days after his release, or returns here after leaving;

(b) the accused waived the application of the specialty rule in the extradition proceedings;

(c) the defendant has expressly waived his or her right to the application of the specialty rule in respect of the offenses committed after his or her extradition; or

(d) the requested State consents to the prosecution or execution of the sentence.

3. In the event of a waiver pursuant to paragraph 2 ( c) , the declaration of waiver shall be made in court and shall be recorded in minutes, which shall be signed by both the representative of the judicial authority and the declarant. The waiver must be worded in such a way as to make it clear that it was made voluntarily by the accused and in full knowledge of the consequences thereof. You can use a loaded protector.

4. A request for consent under paragraph 2 ( d) shall be made to the requested State in accordance with the rules applicable to the issue and transmission of the international arrest warrant.

§ 35. § 24 (1), § 27, § 29 (2) and § 30 (1) and (4) shall also apply mutatis mutandis in the case of a foreign state's request for extradition. may.

§ 36. In the case of execution of a request for extradition, the period of detention abroad on the basis of the request for extradition shall be included in the sentence established by the court.