Arrested in Hungary on a European Arrest Warrant – or wanted by a Hungarian court? Defence lawyer 0–24

In European Arrest Warrant cases, decisions that cannot be undone later are made within days or even hours: whether to consent to surrender, whether to waive the speciality rule, and whether a sentence can be served in your home country. Do not decide any of these before speaking to defence counsel.

Dr. László-Tamás Benő: +36 70 379 0245 (0–24)

In English, Hungarian and Romanian.

Call now: Dr. László-Tamás Benő

Two situations, two tasks

You have been arrested in Hungary on a warrant issued by another EU Member State

Surrender proceedings then start before the Budapest-Capital Regional Court (Fővárosi Törvényszék). Our aim is that surrender is ordered only if every legal condition is met and, if it cannot be avoided, that it takes place on the best possible terms: with the speciality rule preserved and, for Hungarian nationals, with the guarantee of serving any sentence in Hungary.

You live abroad and a Hungarian court has issued an arrest warrant against you

Warrants are often issued because the court could not summon the accused or the accused did not attend a hearing. Any border crossing or road check can then lead to arrest and weeks in custody. With proper preparation this can often be avoided: we find out which court issued the warrant and in what case, arrange your appearance with the court and apply for the warrant to be withdrawn. Under Hungarian law the European Arrest Warrant must be withdrawn if the reason for issuing it has ceased, or if the indictment does not seek an immediate custodial sentence. If surrender does take place, time spent in custody abroad is credited against the sentence, and the speciality rule protects you in the Hungarian proceedings too.

How do surrender proceedings work in Hungary?

Before a judge within 72 hours. The arrested person must be brought before the Budapest-Capital Regional Court within 72 hours. The prosecutor and defence counsel must attend the hearing; if you have no lawyer, one is appointed immediately after arrest, and an interpreter is provided where needed. You may also instruct a lawyer in the issuing state, who can work with your Hungarian counsel. If you live in Hungary and a ground for refusal is likely, custody can be dispensed with, with the prosecutor’s permission.

Consent to surrender. The court asks whether you consent to surrender. Consent cannot be withdrawn, and there is no appeal against a simplified surrender order based on consent. The court must decide within 10 days of consent. By consenting you also lose the possibility of Hungary taking over the enforcement of the sentence.

Custody. The court may order provisional surrender detention or, as a milder measure, provisional surrender supervision (a form of house arrest monitored by an electronic tag). If the European Arrest Warrant does not arrive within 40 days, provisional surrender detention must be lifted. Bail is not available, so the case for supervision – proof of address and of family and work ties – is particularly important.

If you do not consent. The final decision must, as a rule, be taken within 60 days of arrest; in exceptional cases this can be extended by 30 days. An appeal must be announced immediately; it is decided by the Budapest Court of Appeal (Fővárosi Ítélőtábla) in chambers. An appeal does not suspend enforcement.

Surrender. The person must be surrendered no later than 10 days after the decision becomes final. For serious humanitarian reasons – for example if surrender would endanger the person’s life or health – the court may temporarily postpone it.

The speciality rule – what you need to know before surrender

As a rule, a surrendered person may be prosecuted, sentenced or deprived of liberty in the issuing state only for the offence for which they were surrendered – not, subject to exceptions, for any other offence committed before surrender.

Consent to surrender and waiver of the speciality rule are two separate declarations. The court records both. If you waive the speciality rule, the issuing state may also prosecute you for other, earlier matters. Never make this declaration automatically, without consulting your lawyer.
Exceptions: the protection ends, for example, if after final release the person does not leave the issuing state within 45 days although free to do so, or returns after leaving; if the offence is not punishable by deprivation of liberty; or if the court of the executing state later consents to further proceedings.
Onward surrender: surrender to a third state also requires, as a rule, the consent of the executing state.
If you have not waived the speciality rule, the issuing state may proceed for another offence committed before surrender only with the consent of the Budapest-Capital Regional Court. The court consents only if that offence would itself require surrender, and it still requires the return guarantee for Hungarian nationals.
The speciality rule also protects a person surrendered to Hungary by another Member State: the Hungarian proceedings are limited to the offences covered by the surrender.

When can surrender be refused?

The law provides mandatory and optional grounds for refusal. The most common are:

a final decision has already been given for the same act (ne bis in idem),
proceedings for the same act are pending in Hungary or have been discontinued by a Hungarian authority,
the act also falls under Hungarian jurisdiction and is time-barred or covered by an amnesty,
the person is below the age of criminal responsibility under Hungarian law,
the act is not a criminal offence under Hungarian law (except for the serious offence categories listed in the law),
enforcement of a judgment given in absentia is requested and the statutory guarantees are missing,
the act was committed wholly or partly in Hungary,
surrender would seriously infringe the person’s fundamental rights.

Hungarian nationals and EU citizens with a registered address in Hungary: if the warrant was issued for prosecution, surrender can be ordered only if the issuing state guarantees that, if convicted, the person will at their request be returned to Hungary to serve the sentence – without this guarantee refusal is mandatory. If the warrant was issued to enforce a custodial sentence, the court may find that surrender is barred and Hungary takes over enforcement, provided the person has not consented to surrender.

Reference case

Dr. László-Tamás Benő has acted as defence counsel in more than 140 surrender cases during his career, including the defence of the French suspect in a high-profile Paris homicide case in Budapest surrender proceedings under a European Arrest Warrant (2022). In the international press (AFP report): Europe 1 · Malay Mail · Actu17

How we help immediately

Contact with the detained client and the Budapest-Capital Regional Court
Attendance at the hearing within 72 hours
Advice on consent and on the speciality rule before you make any declaration
Arguing for provisional surrender supervision instead of detention
Asserting grounds for refusal and the guarantees for Hungarian nationals; appeal
For clients living abroad: finding out the background of the Hungarian warrant, applying for its withdrawal and arranging your appearance
Regular updates for the family in English, Hungarian and Romanian

Frequently asked questions

How long do surrender proceedings take?

If you consent, the court decides within 10 days. Without consent the time limit is, as a rule, 60 days, exceptionally extendable by 30 days. Surrender follows shortly after the final decision.

Should I consent to surrender?

It depends on the case. Consent speeds up the procedure, but it cannot be withdrawn, there is no appeal afterwards, and it rules out Hungary taking over the enforcement of the sentence. If a ground for refusal or a guarantee may be relevant, consenting can be to your disadvantage. Decide only after talking to your lawyer.

What is the speciality rule?

The rule that a surrendered person may, as a rule, be prosecuted in the issuing state only for the offence for which they were surrendered. It can be waived, but a waiver allows proceedings for other, earlier matters as well, so it has serious consequences.

I live abroad and there is a Hungarian arrest warrant against me. What should I do?

Do not travel until we have clarified which court issued the warrant and in what case. In many cases your appearance can be arranged with the court and the withdrawal of the warrant can be requested.

Do you speak English?

Yes. We work with clients and their families in English, and also in Romanian.

Call now, day and night

Dr. László-Tamás Benő: +36 70 379 0245

Office: 1055 Budapest, Falk Miksa utca 4., mezzanine 4 (by appointment)

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