Postponement - ongoing investigation or prosecution

Hungary

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

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

§ 29. (1) 69 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) 70 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.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).