Trámites aplicables en el derecho interno

Hungría

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

''Chapter I. general rules''

§ 2 2 A request for legal aid may not be complied with or submitted if it would violate the public policy or the fundamental national security interest of Hungary. The position of the Minister responsible for justice (hereinafter: the Minister) and the Prosecutor General shall prevail in this matter.

§ 3 This Act shall apply unless an international treaty provides otherwise.

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

a) extradition,

b) the transfer or receipt of criminal proceedings,

(c) the taking over or release of a custodial sentence or measure,

(d) taking over or transferring the execution of confiscation, confiscation or a penalty or measure having equivalent effect (hereinafter: confiscation or confiscation),

(e) taking over or releasing the execution of electronic data or the imposition of a penalty or measure having equivalent effect (hereinafter referred to as "permanent non-disclosure"),

f) legal aid,

g) reporting to a foreign state.

(2) 4 Assistance in criminal matters shall be provided or requested by the Minister or the Attorney General.

§ 5. (1) Unless otherwise provided by this Act, a request for legal aid may be complied with or submitted if:

a) the act is punishable under both Hungarian law and the law of a foreign state;

(b) the legal aid relates to a non-political offense or to other closely related offenses and to non-military offenses.

2. For the purposes of paragraph 1, an act shall not be regarded as a political offense if, when committed, taking into account all the circumstances, including the purpose pursued, the motive for the offense, the means of committing the offense, the means used or envisaged, the offense its public law nature is overwhelming compared to its political one.

(3) The public law nature of intentional homicide or a crime involving intentional homicide is always overriding in relation to politics.

§ 6. (1) 5 The Minister may request a declaration of reciprocity from a foreign state and may make a declaration of reciprocity on the initiative of the foreign state.

(2) 6 In the absence of reciprocity, the execution of a foreign request for legal aid shall be decided by the Minister or the Attorney General in agreement with the Minister responsible for foreign policy.

(3) 7 Confiscation or the execution of confiscation may be taken over or transferred on the basis of an obligation entered into in an international treaty.

(4) 8 If a foreign authority submits a request for criminal assistance for an act which is a criminal offense under the law of its State but an offense under Hungarian law, the Central Authority shall notify the requesting foreign authority thereof. If the foreign authority maintains its request for legal aid in its statement of notification, the Act on Legal Aid for Infringements 9 shall apply to the execution of the request .

(5) 10 A request for procedural legal aid may be complied with in the absence of the condition laid down in Section 5 (1) ( a) , provided that the requested State also ensures reciprocity in this respect. In this case, the district prosecutor's office has the power to execute the request for procedural legal aid.

§ 11 11 The Minister or the Attorney General may make the execution of a request for legal aid subject to appropriate guarantees, and in the event of a refusal to provide a guarantee, refuse execution if it is presumed that the proceedings abroad, the expected sentence or its execution are not in accordance with the Basic Law; provisions and principles of international law relating to the protection of human rights.

§ 8 The conditions imposed by another state for the execution of a Hungarian request for legal aid, which may be made a condition for the execution of foreign requests for legal aid under this Act, may be accepted by the Minister or the Attorney General on behalf of Hungary. Other reasonable conditions, not inconsistent with the provisions of Section 2, may be assumed for the proper functioning of the judiciary. The conditions set by the foreign state for the execution of the request for legal aid and undertaken by Hungary must be met.

§ 9 If a request for legal aid is granted, the provisions of passport, visa, foreign exchange and customs legislation shall not constitute an obstacle to the entry and exit of persons and the transfer and receipt of objects.

§ 10 13 Unless otherwise provided in this Act, Act C of 2012 on the Criminal Code (hereinafter: the Criminal Code) and Act XC of 2017 on Criminal Procedure. (hereinafter: Be.) shall also be properly applied in international criminal legal aid traffic.

''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state 1. Title
Transfer of criminal proceedings''
37 / A. §  The transfer of criminal proceedings is obligatory if, in a matter falling under Hungarian criminal jurisdiction, by a foreigner

38. (c) property seized in criminal proceedings.

''III. Chapter Transfer and receipt of criminal proceedings; report to a foreign state, 4. Title
IMPLEMENTATION OF THE IMPLEMENTATION OF ORDERED BY LIBERTY IMPOSED BY A FORGEIN COURT ACTION INVOLVING ACCEPTANCE AND TRANSFER OF HUNGARIAN COURT ACTION INVOLVING LIBERTY''
60 / A. §  (1) If the conditions specified in this Act exist, the execution of a measure involving deprivation of liberty ordered by a foreign court may be taken over, or the execution of such a measure ordered by a Hungarian court may be transferred.

(3)  The provisions of Titles 2 and 3 shall apply mutatis mutandis to the receipt or transfer of a measure.

''VI. Chapter Formal and cost rules''

§ 76. (1)  Requests for criminal legal aid shall be submitted in writing through diplomatic channels. The Minister or the Attorney General may also accept a request made through a non-diplomatic route; you can make a request yourself in the same way.

Estatuto de Roma

Artículo 88 Procedimientos aplicables en el derecho interno

Los Estados Partes se asegurarán de que en el derecho interno existan procedimientos aplicables a todas las formas de cooperación especificadas en la presente parte.