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Hungarian Arrest Warrant

On this website I have expressed several times that Hungarian courts and judges are a lot better than their reputation. But I also keeping criticizing  facts that need to be criticized and I keep warning from certain behaviours that will bring you trouble. 

Concerning criminal law there is one thing that needs to be clear: Summons from Hungarian authorities have to be followed, also if the summons is „only“ from the Hungarian police. Other than in other jurisdictions – for example Germany – in Hungary the suspect has to appear in front of the police, if he is officially called upon to do so. Nonobservance of such an invitation might – and usually does – lead to the issuance of a Hungarian Arrest Warrant in the form of a European Arrest Warrant. The consequence can be severe: The addressee of the Warrant might be arrested at home in front of his children or at his workplace. 

Once in custody the arrested stays there for usually thirty days until his transfer to Hungary is administered. In Hungary then he will be interviewed and then possibly released – because he confessed and the offence is a comparatively light one. Believe me, this can happen, I have seen it several times. The principle of proportionality is not always observed by Hungarian authorities. To formulate it a bit more strikingly: It is often not paid attention to. I keep criticising that this before Hungarian courts – to be honest: with little success. 

The European Court of Justice (ECJ) has recently decided – 05. April 2016, C-404/15 – that the extradition to Hungary can be refused by the other national authorities, if it is not guaranteed that the arrested person will meet with conditions in his custody that are in respect of his Human Rights. Background of this judgement are the overcrowded prisons in Hungary. In the prison you see on the picture for example – the infamous „Gyorskocsi“-prison in Budapest – suspects are kept in cells with 8 people. But there are also other things to complain about – prisons often have not been renovated for decades, their condition is accordingly.

 Yet the judgement from the ECJ in Luxembourg is not a guarantee that the person will not be transferred to Hungary. But it is an argument to convince the national authorities not to send the individual to Hungary. It is definitely worth trying.

In case you have such constellation as described above – Hungarian Arrest Warrant – or any other problem with Hungarian Criminal Law you can contact us here. We are happy to help and support your case.  

Dr. Donat Ebert Rechtsanwalt - Lawyer germanlawyer@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer
germanlawyer@email.de

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