Integración al grupo osuno

International criminal cooperation in the Hungarian legal system is regulated partly by the Criminal Code (Act No. IV of 1978) and the Criminal Procedure Code (Act No. XIX of 1998), partly by the International Criminal Legal Assistance Act (Act No. XXXVIII of

The legal characteristics of the European Arrest Warrant, its implementation in...

1996) and the Criminal cooperation with the European Union countries Act (No. CXXX of 2003).25 The following shall be emphasized from among the institutions of international criminal cooperation:

a) the fundamental principles of international criminal legal assistance,

b) acknowledgement of extraneous judgment,

c) surrender and recognition of the criminal procedure, d) report a crime to a foreign country,

e) procedural legal assistance, f) extradition,

g) the European Arrest Warrant and surrender process,

h) surrender and recognition of the execution of imprisonment, as well as

i) the provisions regarding the general rules of international cooperation of the criminal investigation authorities.

ad a) The aim of the provisions concerning international criminal legal assistance is to regulate the terms of criminal cooperation with other countries. In the course of international criminal cooperation the following essential provisions shall be taken into account (Sections 1-10 of Act No.38 of 1996):

- the legal assistance shall not impair the sovereignty of the Hungarian Republic, shall not threaten its security, shall not contravene with its public order,26

- the provisions regarding legal assistance shall be applied only subsidiary,

- legal assistance is subjected to the condition that the act constitutes an offence and punishable both by the Hungarian law and the law of the foreign country furthermore the legal

25

E. Kirs, ‘Az európai igazságügyi együttmőködés büntetıjogi vetülete a nemzetközi bőntettek kapcsán’ [The criminal law aspects of European judicial cooperation regarding international crimes] in Zs. Wopera and Zs. Asztalos, eds., Egységesülı polgári eljárásjog Európában [Unifying civil procedural law in Europe] (Budapest, 2009) pp. 193-199.

26

P. Kovács, ‘Az EUIN-megállapodás és az alkotmányosság’ [The EUIN- Agreement and constitutionality] 6 Magyar Jog (2008) pp. 409-413.; A. Raisz, ‘Kereszttőzben az európai elfogatóparancs – avagy emberi jogi aggályok az Alkotmánybíróság határozata kapcsán’ [The European Arrest Warrant in the crossfire – human rights considerations relating to the decision of the Constitutional Court] 7-8 Jogtudományi Közlöny (2008) pp. 387-393.

Anita Blagojević– Csongor Herke– Ágoston Mohay

assistance shall not concern political crimes or crimes closely connected thereto and military crimes27,

- bilateral or multilateral reciprocity agreements may be concluded regarding legal assistance28,

- in the course of legal assistance the provisions of law regarding passport, visa, foreign currency and customs shall not hinder the outward journey and entry of persons, as well as the surrender and receipt of objects.

ad b) The basic provisions concerning the validity of extraneous judgment is regulated by Sections 47-48 of Act No. 38 of 1996. According to this Act the judgement of a foreign court shall be regarded equal to the judgement of a Hungarian court, if a procedure was in progress against the perpetrator abroad, and the punishment imposed and measure taken does not contravene the Hungarian law and order. The Budapest Metropolitan Court has the competence and jurisdiction to acknowledge the judgement of a foreign court (Section 46 of Act No. 38 of 1996).

ad c) The surrender of the criminal procedure consists of practical (possible) and obligatory cases (Section 37-37/A of Act No. 38 of 1996). It is practical to let an authority of another country to proceed against a foreign citizen if the accused residing in Hungary is the citizen of the country for which the procedure is going to be surrendered or the permanent residence (ordinary residence) of the accused is in the county in question. In case the accused is abroad and can not be subjected to extradition it is practical as well to surrender the criminal prosecution if the accused resides abroad during the proceedings, and the extradition request of the accused can not be granted, has been declined or has not been filed yet.29 The procedure must be conducted by authorities of

27

N. Chronowski, ‘Nullum crimen sine lege Lisszabon után’ [Nullum crimen sine lege after Lisbon] in: Pécsi Határır Tudományos Közlemények 9. (Pécs, 2008) pp. 167-175.

28

P. Bárd, ‘A kölcsönös bizalom elvével szembeni alkotmányos aggályok az európai elfogatóparancs példáján keresztül’ [Constitutional concerns regarding the principle of mutual trust in relation to the European Arrest Warrant] 45 Kriminológiai Tanulmányok (2008) pp. 175-192.

29

N. Balogh-Békesi, ‘„Közös európai alkotmányjog” vagy szuverenitás-transzfer esetrıl-esetre. A magyar Alkotmánybíróság döntésérıl az EU valamint Izland és Norvégia közötti átadatási eljárásról szóló megállapodás tárgyában’ [Common European Constitutional Law or case-by-case transfer of sovereignty. The decision

The legal characteristics of the European Arrest Warrant, its implementation in...

another country in cases subjected to Hungarian jurisdiction if the foreign citizen committed the crime in Hungary and the prosecution thereto is renounced on the ground of an international treaty promulgated by a statue of the Hungarian Republic.

ad d) In case the procedure is conducted against an accused residing abroad, and

- extradition request shall not be granted, - extradition request has been declined,

- surrender of the criminal prosecution has not taken place, - the prosecutor has not made a motion in order to conduct the

proceeding in the absence of the accused,

the lodging of complaint can be initiated by the prosecutor at the Chief Prosecutor until filing the indictment, following this time it can be initiated by the court at the Minister for Public Administration and Justice30 in order to file an indictment in the country of jurisdiction (Act No. 38 of 1996). If the Chief Prosecutor (Minister for Public Administration and Justice) files the indictment, the initiator must be notified about this, by right thereof the investigation (proceedings) shall be dismissed. This kind of dismissal shall hinder the later resumption of the criminal procedure.

ad e) The main rules of the procedural legal assistance is basically the same both in cases of providing legal assistance and requesting for legal assistance (Act No.38 of 1996). The procedural legal assistance shall usually consist of the following:31

- Activities concerning procedural actions (carrying out investigation activities, searching for evidence, conducting evidentiary procedures, implementing forced measures).

- Transportation of objects and persons (transportation across Hungary, dispatching documents and objects concerning criminal procedure).