Detention

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER VII
PENALTIES

Custodial Arrest

Section 46
(1) The duration of custodial arrest shall be determined in days. The minimum and the maximum duration of custodial arrest shall be five days and ninety days, respectively.
(2) Custodial arrest shall be carried out in a penal institution.

Hungary - Criminal Procedure Code 1998 (2017)

Condition and duration of detention

§ 274. (1) Detention is the temporary deprivation of the personal liberty of an accused person or a person reasonably suspected of committing a criminal offense.

(2) In the event of a well-founded suspicion of a criminal offense punishable by imprisonment, the court, the public prosecutor's office and the investigating authority may order the detention of the accused person or a person reasonably suspected of having committed the criminal offense.

(a) in the event of an accident, if his identity cannot be established,

(b) if a coercive measure affecting his or her liberty is likely to be imposed on him or her, or

(c) if he disturbs the hearing.

(3) Detention may last until the decision of the judicial licensee concerning the coercive measure affecting personal liberty, but not longer than seventy-two hours.

(4) If the circumstances have not changed, the custody of the accused may not be ordered again.

(5) Official detention prior to the ordering of detention shall be included in the duration of detention.

(6) If detention has been ordered by the investigating authority, it shall inform the public prosecutor's office thereof within twenty-four hours. In the case of paragraph 2 ( c) , the court shall immediately inform the public prosecutor's office with jurisdiction and jurisdiction over the offense on which the disturbance is based.

Action after ordering detention

§ 275. (1) The adult indicated by the accused shall be informed of the order of detention and the place of detention within eight hours at the latest.

(2) The court, prosecutor's office or investigative authority ordering detention may refuse to inform the person referred to in subsection (1) in order to ensure the effectiveness of the criminal proceedings or the life and physical integrity of another person.

3. In the event of a refusal to provide information, it shall be possible for the accused person to designate another adult who shall be informed in accordance with paragraphs 1 and 2.

4. If the information cannot be provided within eight hours even in application of paragraph 3, the accused and the defense counsel may appeal against the refusal of the information.

(5) The court, prosecutor's office or investigating authority ordering custody shall ensure the accommodation of the unaccompanied minor child or other person in his or her care and the security of the unaccompanied minor's property and apartment.

(6) The superior shall also be informed of the ordering of the detention of a soldier.

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

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

§ 22(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.

§ 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).

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

25 / B. § (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
(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.

''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state, 2. Title
RECEIPT OF IMPLEMENTATION OF A CUSTODY IMPOSED BY A FOREIGN COURT''

55 / A. §4. Pre-trial detention shall last until the conclusion of an agreement on the taking over of enforcement and shall not exceed the duration of the sentence. Time spent in custody and temporary custody shall be included in the custodial sentence or measure involving deprivation of liberty taken for enforcement. The court shall review the grounds for temporary custody every three months.

''Chapter V  Procedural legal aid, 5. Title Temporary transfer of a detainee to the requesting State''

§ 65.(7) The total period of detention abroad in connection with the execution of a request for legal aid shall be taken into account in the arrest ordered, the sentence imposed or the custodial measure applied.

''Chapter V 190 Procedural legal aid, 5. Title Temporary transfer of a detainee to the requesting State''

65 / A. § (1) A request for the temporary reception of a person detained in the requested State in order to be present in a procedural act to be carried out in the territory of Hungary may be submitted by the Minister, who shall forward it to the Minister of Justice of the requested State.

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

(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.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.