If you or a family member have been arrested in Hungary on a European Arrest Warrant issued by another EU Member State, decisions that cannot be reversed later have to be made within days. Below we explain, in question-and-answer form and with references to the relevant provisions, how surrender proceedings work in Hungary and what to watch out for. The article is based on Act CLXXX of 2012 on criminal cooperation with the Member States of the European Union (the “EU Cooperation Act”).
In brief: the key points
- Only the Budapest-Capital Regional Court (Fővárosi Törvényszék) has jurisdiction; it holds a hearing within 72 hours of arrest, and defence counsel must attend.
- Consent to surrender and waiver of the speciality rule are two separate declarations, and neither can be withdrawn.
- If you consent, the court decides within 10 days and there is no appeal; without consent the time limit is 60 days, extendable by 30 days.
- An appeal does not suspend the court’s decision.
- Hungarian nationals and EU citizens with a registered address in Hungary can be surrendered for prosecution only with a return guarantee; where the warrant concerns the enforcement of a sentence, the sentence can be served in Hungary – but only if the person has not consented to surrender.
- Surrender takes place within 10 days of the decision becoming final.
The basics
What is a European Arrest Warrant?
A decision issued by a judicial authority of an EU Member State on the basis of which another Member State arrests and surrenders the requested person for the purpose of criminal prosecution or the enforcement of a custodial sentence or detention order. Compared with classic extradition it is a faster, court-to-court procedure with no political (ministerial) discretion.
For which offences can a person be surrendered?
For prosecution, if the maximum penalty for the offence under the law of the issuing state is at least twelve months’ imprisonment; for the enforcement of a sentence, if the person has been finally sentenced to at least four months’ imprisonment (EU Cooperation Act, Section 3(1)). If the warrant covers several offences and at least one meets the twelve-month threshold, surrender may also be granted for the others, provided they are criminal offences under Hungarian law as well (Section 3(4)).
Does the court check whether the act is also a crime in Hungary?
As a rule, yes: this is the requirement of double criminality (Section 3(3)). The exception is the list of offence categories in Annex 1 of the Act (for example organised crime, terrorism, trafficking in human beings, drug trafficking, fraud, money laundering, murder, grievous bodily injury, robbery): where the maximum penalty in the issuing state is at least three years, double criminality is not examined (Section 3(2)–(3)). In tax, customs and exchange-control matters, surrender cannot be refused on the ground that Hungarian law does not have the same type of tax or rules (Section 3(5)).
Which court deals with the case?
Surrender proceedings fall exclusively within the jurisdiction of the Budapest-Capital Regional Court, sitting as a single judge. Unless the Act excludes it, its decision can be appealed to the Budapest Court of Appeal (Fővárosi Ítélőtábla), which decides in chambers (Section 4).
Arrest and the first 72 hours
What happens after the arrest?
The arrested person must be taken into custody and brought before the court; custody may last up to 72 hours (Section 7(1)). The same applies where an alert in the Schengen Information System contains the data listed in the Act, because such an alert is equivalent to a European Arrest Warrant (Section 7(6)–(7)). The police inform the person of the content of the alert, a record is drawn up and defence counsel must be notified (Section 7(3)).
Will I have a lawyer if I cannot call one?
Yes. If the person has no lawyer of their own, the authority executing custody appoints one immediately after the arrest (Section 7(2)), and the prosecutor and defence counsel must both attend the hearing (Section 8(4)). Given what is at stake, it is still advisable to instruct a lawyer of your choice as soon as possible – a family member can also do this – because the most important declarations are made at the very first hearing.
Can I also instruct a lawyer in the issuing country?
Yes. The police must inform you that you may instruct a lawyer in the issuing Member State and request assistance from the authorities there to do so. That lawyer may contact your Hungarian defence counsel and support the defence with information (Section 7(4)). This is particularly important for grounds for refusal and guarantees, which often depend on details of the proceedings in the issuing state.
Can custody be avoided?
With the prosecutor’s permission, custody can be dispensed with or ended if the person has an actual place of residence in Hungary, their presence at the hearing can be ensured without custody, and a ground for refusal appears likely on the available information (Section 7(4a)). If it is established beyond doubt that the person arrested is not the person sought, custody must be ended immediately (Section 7(5)).
What if I do not speak Hungarian?
The police inform you through an interpreter (Section 7(3)), and the court also appoints an interpreter for the hearing (Section 8(4)). As a rule the European Arrest Warrant must be available in Hungarian; certain Member States may also send warrants in English, French or German (Section 3(6)).
The hearing before the Budapest-Capital Regional Court
What happens at the hearing?
The court presents the European Arrest Warrant, followed by the prosecutor’s motion. The court then establishes the person’s identity, informs them of the essence of the proceedings and their rights, of the possibility and consequences of simplified surrender and of the speciality rule, and – after the statutory warnings – hears them (Section 8(5)). If the person chooses to make a statement, the questions focus mainly on circumstances relevant to the conditions of surrender (Section 8(6)).
Which declarations do I have to make?
The court asks you to declare two things: whether you consent to your surrender and whether you waive the application of the speciality rule (Section 8(7)). Neither declaration can be withdrawn (Section 8(8)). These decisions should therefore only be made after careful consultation with your lawyer.
Consent: simplified surrender
What does it mean if I consent to surrender?
If the person consents and the conditions for surrender are met, the court orders surrender detention and simplified surrender (Section 18(1)). It decides within 10 days of the consent (Section 18(3)), even before the European Arrest Warrant itself has arrived (Section 18(2)). In exceptional cases – for example to obtain a guarantee from the issuing state – the time limit may be extended by up to 10 days (Section 18(4)).
What do I lose by consenting?
Three things. First, consent cannot be withdrawn (Section 8(8)). Second, there is no appeal against the order for simplified surrender (Section 18(5)). Third, if the warrant was issued to enforce a sentence, the rule allowing the court to find that surrender is barred and Hungary takes over enforcement of the sentence cannot be applied after consent (Section 5(4a)). Consent therefore speeds up the procedure and shortens detention in Hungary, but it closes off several defence options.
When can consent still be sensible?
Where there is no realistic ground for refusal, the person wants to defend themselves in the issuing state as soon as possible, and longer detention in Hungary would only delay the proceedings there. Even then, consent should be kept separate from any waiver of the speciality rule: consenting to surrender does not mean giving up speciality.
The speciality rule
What is the speciality rule?
The guarantee that, as a rule, the surrendered person may be prosecuted, sentenced or detained in the issuing state only for the offence for which they were surrendered. For other offences committed before surrender, proceedings require the consent of the executing state (for surrenders from Hungary, the Budapest-Capital Regional Court). The court must inform the person about the rule and its applicability at the hearing (Section 8(5)(b)).
What happens if I waive the speciality rule?
The waiver is irrevocable (Section 8(8)) and allows the issuing state to prosecute you for other offences committed before surrender as well, without separate consent from a Hungarian court. If other cases may be pending against you in the issuing state, a waiver can have serious consequences. Never make this declaration automatically.
When does the protection of the speciality rule end?
For persons surrendered to Hungary, the Act lists the exceptions in detail (Section 30(2)), and because of the common EU framework they are similar in other Member States. The protection does not apply if the surrendered person, having had the opportunity, does not leave the country within 45 days of final release, or returns after leaving; if the offence is not punishable by imprisonment, confinement or a custodial measure; if the proceedings do not lead to any measure restricting personal liberty; if only a non-custodial penalty, such as a fine, can be imposed; if the person waived the speciality rule in the surrender proceedings or after surrender; or if the court of the surrendering state consents to further proceedings.
Can the speciality rule be waived after surrender?
Yes, in respect of specific offences. Where a person has been surrendered to Hungary, the waiver must be made before the court competent to issue the European Arrest Warrant, recorded in minutes, and worded so that it is clear the person made it voluntarily and in full awareness of the consequences; the person may be assisted by a lawyer (Section 30(2)(f) and (3)). Such a declaration is only worth making if having the cases dealt with together is in the person’s interest – for example because of an aggregate sentence or a single set of proceedings.
If I do not waive it, can I be prosecuted in another case later?
Only with the consent of the Budapest-Capital Regional Court. The issuing state may send a new European Arrest Warrant or a request for consent, and the court consents only if the new offence would in itself give rise to an obligation to surrender; the return guarantee for Hungarian nationals and for EU citizens with a registered address in Hungary must be required in this case too. The court decides on the papers within 30 days of receiving the request, and there is no appeal against its decision (Section 21(1)–(3)).
Can I be surrendered onward to another country?
If the person has not waived the speciality rule, onward surrender or extradition – whether to another Member State or to a third country – also requires the consent of the Budapest-Capital Regional Court; for a third country, the conditions for extradition under the Act on international mutual assistance in criminal matters must also be met (Section 21(4)). Where several Member States have issued warrants at the same time, the court decides which one the surrender will be based on, and it may give advance consent to onward surrender (Section 6(1)–(2)). In the opposite direction, a person surrendered to Hungary may be surrendered onward to a third Member State without the consent of the surrendering state only exceptionally – for example if the person voluntarily consents before a court, on the record – and may not be extradited to a third country without that state’s consent (Section 31).
Coercive measures during the proceedings
What is provisional surrender detention?
If the court finds no ground for refusal but cannot yet decide on surrender – typically because the warrant or necessary additional information has not yet arrived – it orders provisional surrender detention to secure the execution of the warrant (Section 9(1)). This lasts until surrender detention is ordered (Section 9(2)). If the European Arrest Warrant does not arrive within 40 days of the order, provisional surrender detention must be lifted (Section 9(4)).
Can I ask for a milder measure, such as house arrest?
Yes. Instead of provisional surrender detention, the court may order provisional surrender supervision if the purpose can be achieved by a milder measure; it considers in particular the person’s personal and family circumstances, the nature of the offence, the expected sentence and the circumstances of the arrest (Section 9/A(1)). Compliance is monitored by the police with an electronic tag; bail is not available (Section 9/A(2)). Breaching the rules or failing to appear when summoned leads to custody and then provisional surrender detention (Section 9/A(4)–(5)). Defence counsel should therefore document housing, family and work ties for the very first hearing.
What is surrender detention?
When the court orders surrender, it also orders surrender detention, which lasts until the actual surrender; no other coercive measure can be applied instead (Section 13(1), Section 14).
What if I am already detained in Hungary in another case?
If the person is in pre-trial detention or serving a sentence in Hungarian proceedings, provisional surrender detention or surrender detention is enforced only after that ends (Section 9/B, Section 17), and the court postpones the execution of surrender (Section 22(2)). The court reviews the postponement regularly and orders execution of the surrender after one year at the latest (Section 22(5)–(9)). During the postponement, temporary surrender or temporary transfer to the issuing state may take place on the basis of an agreement with that state (Sections 23 and 23/A).
When can surrender be refused?
What are the mandatory grounds for refusal?
The court refuses to execute the European Arrest Warrant (Section 5(1)) if:
- the offence falls under Hungarian jurisdiction and is covered by an amnesty,
- a decision has already been given in a Member State for the same act which bars further proceedings, or the sentence has already been served, is being served or can no longer be enforced (ne bis in idem),
- the person cannot be held criminally liable because of their age,
- double criminality must be examined and the act is not a criminal offence under Hungarian law,
- the person is a Hungarian national or an EU citizen with a registered address in Hungary, and the issuing state does not give an adequate guarantee that, if convicted, the person will at their request be returned to Hungary to serve the sentence,
- execution would seriously infringe the person’s fundamental rights laid down in international treaties or EU law – including where the warrant was issued by a state from which the person, recognised as a refugee, fled (Section 5(1a)).
What are the optional grounds for refusal?
The court may refuse execution (Section 5(2)) if:
- criminal proceedings are pending in Hungary for the same act,
- a Hungarian authority has rejected the complaint or terminated the investigation or proceedings for the same act,
- the offence falls under Hungarian jurisdiction and is time-barred under Hungarian law,
- the person has been finally acquitted or convicted in a third state for the same act, and the sentence has been served, is being served or can no longer be enforced,
- the offence was committed wholly or partly in Hungary.
Pending Hungarian proceedings and commission in Hungary cannot be grounds for refusal if a joint investigation team involving Hungary is operating in the case and the warrant was issued on the basis of its agreement (Section 5(8)).
What if I am a Hungarian national and the warrant concerns the enforcement of a sentence?
If the warrant was issued to enforce a custodial sentence, there is no other ground for refusal, and the conditions for Hungary taking over enforcement of the sentence are met, the court finds that surrender is barred (Section 5(3)); the sentence is then enforced in Hungary. Where necessary, the Minister examines the conditions for social reintegration (Section 5(4)). This option is lost, however, if the person consents to surrender (Section 5(4a)).
I was convicted in absentia. Can I be surrendered?
The court may refuse to execute a warrant issued to enforce a decision rendered in absentia (Section 5(5)), unless the person was duly summoned and aware of the trial; was represented at the trial by a lawyer they had instructed, or by an appointed lawyer they did not object to; was served with the decision and did not seek a remedy; or the issuing state undertakes to serve the decision immediately after surrender and to inform the person of the remedies available (Section 5(6)). In the last case the person may ask to receive the judgment before surrender (Section 5(7)). If none of the exceptions applies, the court refuses surrender where it would infringe the right of defence (Section 5(6a)).
If surrender is refused, can I be arrested again?
After a refusal, the Budapest-Capital Regional Court initiates, through the SIRENE Bureau, the addition of a flag to the alert linked to the warrant in the Schengen Information System (Section 24/A(1)). The flag indicates that no action is to be taken on the alert in Hungary, so you will not be arrested again in Hungary on the same alert. The alert may, however, remain active in other Member States, so it is advisable to consult your lawyer before travelling abroad.
Decision, appeal and time limits
How long can the proceedings take?
If you consent, the court decides within 10 days (Section 18(3)). Without consent, the surrender order must become final within 60 days of arrest; in exceptional cases the court extends the time limit by a further 30 days while informing the issuing state, and if that too is missed, Eurojust must also be informed (Section 16).
How can I appeal, and what does an appeal achieve?
The prosecutor, the person and defence counsel can announce an appeal immediately, when the decision is pronounced at the hearing (Section 13(3)). The Budapest-Capital Regional Court forwards the file to the Budapest Court of Appeal within three days (Section 13(4)), which decides in chambers. An appeal does not suspend enforcement of the decision (Section 4). An appeal against simplified surrender is excluded altogether (Section 18(5)).
When are the proceedings terminated?
The court terminates the surrender proceedings if the person arrested is not the person sought, if the person’s whereabouts have become unknown, if surrender detention has ended because time limits were missed, or if the issuing state has withdrawn the warrant (Section 15(1)).
Execution of surrender
When does the surrender take place?
Surrender must take place at the earliest date agreed between the authorities concerned, and no later than 10 days after the order becomes final (Section 20(3)–(4)). If this is impossible because of circumstances beyond control, a new date must be agreed and surrender must take place within 10 days of it (Section 20(5)). If surrender does not take place within these time limits, surrender detention ends (Section 20(7)).
Can surrender be postponed?
Yes. For serious humanitarian reasons – in particular where surrender would endanger the person’s life or health – the court may temporarily postpone it (Section 20(6)). It may also be postponed so that criminal proceedings can be conducted in Hungary or a sentence imposed in another case can be enforced (Section 22(1)).
Can I see the case file?
Yes. On written request, the person and their lawyer may at any stage inspect the documents held by the Minister of Justice and request copies; the first copy is free of charge (Sections 2/A and 2/B(a)).
If Hungary issued the warrant – for example because you live abroad
This is the reverse situation: Hungary is the issuing state and the person lives or stays in another Member State. Any border crossing or road check can then lead to arrest and weeks in custody in another Member State, so these cases are best resolved before an arrest happens.
When can a Hungarian court issue a European Arrest Warrant?
Only if the seriousness of the offence justifies it and a domestic arrest warrant valid for Hungary has already been issued, or is issued at the same time (Section 25(1)). For prosecution, if the maximum penalty under the Hungarian Criminal Code is at least one year’s imprisonment; if a judgment has already been given, if the sentence imposed is at least four months (Section 25(2)). After indictment, only if the prosecution has sought an immediate custodial sentence or placement in a juvenile institution (Section 25(3)). If the person is already detained abroad, only if their participation cannot be adequately ensured through a request for mutual legal assistance (Section 25(3a)).
Who issues it?
Before indictment, the investigating judge; for the enforcement of a final custodial sentence, the sentence-enforcement judge; otherwise the court conducting the proceedings (Section 25(4)).
Can the warrant be withdrawn?
Yes, and in certain cases it must be. It must be withdrawn without delay once the reason for issuing it has ceased; before indictment the court may also withdraw it of its own motion; and if the indictment does not seek an immediate custodial sentence or placement in a juvenile institution, withdrawal is mandatory (Section 25(9)). In practice, defence counsel therefore first examines whether the conditions for issuing the warrant still exist and, if not, applies for its withdrawal – often together with arranging the person’s voluntary appearance. If the person has already been arrested and the conditions are met, however, the warrant can only be withdrawn after surrender.
Will I have a lawyer if I am arrested abroad?
Yes. Once notified of the arrest, the Hungarian authority conducting the proceedings immediately appoints a lawyer if the person has none, and the lawyer’s contact details are also communicated to the authorities of the executing state (Section 26(2)). It is better still if the person already has a lawyer of their choice in Hungary who can work with the lawyer acting in the surrender proceedings abroad.
Is time spent in custody abroad credited?
Yes. The entire period of detention abroad resulting from the execution of the European Arrest Warrant must be credited against the sentence imposed in Hungary, in accordance with the Criminal Code’s rules on crediting pre-trial detention and criminal supervision (Section 28).
If I am surrendered to Hungary, does the speciality rule protect me?
Yes. A person surrendered to Hungary may not be prosecuted, sentenced or otherwise deprived of liberty for any offence committed before surrender other than the one for which they were surrendered (Section 30(1)) – subject to the exceptions described above.
How we help
- Immediately after the arrest we contact the detained client and the Budapest-Capital Regional Court.
- We attend the hearing within 72 hours and advise on consent and the speciality rule before any declaration is made.
- We identify grounds for refusal and, where needed, request additional information or guarantees from the issuing state.
- We apply for provisional surrender supervision instead of detention.
- We work together with the lawyer instructed in the issuing state.
- For clients living abroad, we resolve the background of the Hungarian arrest warrant.
- We keep the family informed throughout, in English, Hungarian and Romanian.
Reference: During his career, Dr. László-Tamás Benő has acted as defence counsel in more than 140 surrender cases, 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
Have you or a family member been arrested in Hungary on a European Arrest Warrant? Do not make any declaration on consent or the speciality rule before you have spoken to your lawyer. What to do and how we can help: European Arrest Warrant in Hungary – criminal defence lawyer 0–24.
About the author: Dr. László-Tamás Benő is a criminal defence lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defence lawyer since 2002, representing clients in more than 4,000 criminal cases, including more than 140 surrender cases. At Benő & Willi Defence Attorneys he leads the international criminal practice and is available day and night in European Arrest Warrant cases: +36 70 379 0245. Contact →
This article provides general information on the rules of Act CLXXX of 2012 and does not constitute legal advice. Last updated: October 2026.