Extradition procedures are most often initiated if a person who is staying in Hungary faces criminal charges, and the prosecution is conducted in a foreign country. Similarly, extradition may be requested in case of enforcing a custodial sentence abroad. Continue reading
Primarily, it depends on whether the requester is a member of the European Union. In case of EU member states, the surrender of a person requires the issuance of a European Arrest Warrant (?EAW?) which grants a simplified and faster procedure (it must be closed within 90 (ninety) days of the arrest of the criminal suspect). Continue reading
A person cannot be extradited in the below cases (the following list is only a high-level summary and needs further specification): Continue reading
A person arrested on the basis of an EAW or an international arrest warrant may be kept in detention for 72 hours. If the requested person does not consent to his/her surrender and none of the grounds for the non-execution of the surrender are applicable, the Metropolitan Court may order the provisional arrest of the requested person and informs the member state issuing the EAW accordingly so that it could transmit the EAW immediately. Continue reading
If several member states have issued EAWs to arrest the same person, the Metropolitan Court shall decide on the enforcement of the EAWs and by considering all the circumstances, also determines on the basis of which EAW the person shall be surrendered. When the court renders its decision, it pays special attention to the scene and the severity of the criminal offence, as well as the date of the EAWs..
No. None of the custodial measures of the person?s surrender or extradition can be replaced by house arrest or home detention. Similarly, the arrested person cannot be released on bail. This is why it is of extreme importance whether the court deems the conditions of the surrender fulfilled, since the only case when the arrested person cannot be kept in detention is if those conditions are not met.
A person can be put in pre-trial detention when he or she is prosecuted for criminal offences punishable by imprisonment and there is reasonable suspicion that Continue reading
Remand is an expression often misused for pre-trial detention (?előzetes letartóztatás?), although the media attempts to clarify the confusion every now and then. In most cases, people would use it for pre-trial detention, although sometimes they could also mean arrest thereby. Continue reading
Despite the prosecutor?s submission, the court may actually decide against holding the suspect in pre-trial detention. Optionally, the court may order the suspect to be under house arrest or home detention, or even may render an injunction to stay away (stay-away order).
Pre-trial detentions are usually executed in penal facilities. Therefore, the suspect, who was held under arrest in the cells of a police stationhouse, after the court hearing is closed and the court has ordered the suspect?s pre-trial detention, is transferred to one of the penal institutions. Continue reading