Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

County chief prosecution office shall have the competence and jurisdiction to execute an EIO for interception of telecommunications with the technical assistance of Hungary. If the competent chief prosecution office could not be identified, the Metropolitan Chief Prosecution Office of Budapest is competent for the execution of the EIO. In compliance with the rules of the CCP, the chief prosecution office concerned shall file a motion to obtain judicial permission to the execution of the required assistance. In case of dismissal, the issuing authority shall be informed without delay. Interception of telecommunications and other forms of electronic communications, like any other covert means subject to judicial permission, are admissible in the extent that are available to national authorities in their criminal proceedings, inter alia, for intentional criminal offences punishable by imprisonment for five years or more; and for the following intentional criminal offences punishable by imprisonment for three years: a) criminal offences committed on a commercial basis or in a criminal conspiracy, b) abuse of drug precursors, counterfeiting of medicinal products, abuse of performance-enhancing substance, counterfeiting of medical products, c) sexual abuse, procuring, facilitating prostitution, living on the earnings of prostitution, exploitation of child prostitution, child pornography, d) damaging the environment, damaging natural values, game poaching, organising illegal animal fights, violation of waste management regulations, e) criminal offences against justice, except for breach of seal, f) corruption criminal offences, except for failure to report a corruption criminal offence, g) criminal offence against the order of election, referendum and European citizens' initiative, illegal employment of a third-country national, organising illegal gambling h) insider trading and illegal market manipulation. Under our law, interception of communication as a covert mean subject to judicial permission may also be used regarding any intentionally committed misuse of classified data, abuse of office, violence against a public officer, violence against an internationally protected person, counterfeiting non-cash payment instruments, unauthorised financial activity, or organising a pyramid scheme.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU on EIOs; European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters (and its second additional protocol); Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

Competent Authority

* receive the request/decision for judicial cooperation

County chief prosecution office or the Metropolitan Chief Prosecution Office of Budapest. When the competent prosecution office may not be identified, the Metropolitan Chief Prosecution Office of Budapest shall have competence to receive the EIO.

Accepted languages

Accepted languages for the request/decision

Please see declaration made by Hungary to the applicable legal instrument

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

In case of EIO: deadlines set forth in the Directive. For states not applying EIO: no deadlines.

Concise legal practical information

Special requirements

Please see above

Last reviewed on 15 August 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.51 Interception of telecommunication without the technical assistance of another MS (Annex C of the EIO)
next

Export this Judicial Cooperation Measure

File format