''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 / 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.
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.