This article is to provide basic information about extraditions in Hungary. For the sake of easy understanding the legal provisions are slightly simplified so it must be stressed that in order to get adequate and precise advise you should consult a professional or the original text of the relevant act.
The Law of Extraditions covers both substantial and procedural rules. substantial rules relate tothe following questions:
· who shall be extradited?
· to which country?
· for which offences? and
· on what conditions?
Procedural rules govern the questions of deadlines, arrest, appeals etc.
In Hungary, just like in several other jurisdictions, extradition is regulated by a separate act of law so the legal provisions are not contained by the Criminal Code or the Act on Criminal Procedure. This Act, which bears the number XXXVIII (38) of the year 1996 on International Legal Assistance in Criminal Matters, is the main source of law in all substantial and procedural questions of extradition.
This act is especially relevant in cases where there is no treaty between Hungary and the foreign state in question.
When there is a bilateral or multilateral treaty on extradition and legal assistance between the two states, that treaty shall be the primary source of law and the above act is only subsidiary (i.e. applicable in questions not regulated by the treaty)
The Hungarian Act on Extraditions is in harmony with the norms of the European Treaty on Extraditions of 1957 to which Treaty Hungary has been a member since 1994.
In Hungary, decision making authority over extradition issues is split between the Court and the Minister of Justice.
The independent Court considers the
· legal conditions of the extradition and the
· arrest of the wanted person,
while the Minister of Justice helped by his Department of International Criminal Law carries out the final decision.