The operative part of uniformity decision no. 1/2015 BJE

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1. The rule of specialty contained in Section 30 subsection (1) of Act no. CLXXX of 2012 on Cooperation with the Member States of the European Union in Criminal Matters does not prevent the Hungarian courts from fully applying the legal consequences specified in Act no. C of 2012 on the Criminal Code to a previous final conviction of a defendant surrendered for the purpose of being criminally proceeded against and found guilty in those proceedings.

2. Where in the course of the defendant’s surrender to Hungary the defendant has not expressly renounced the application of the rule of specialty and has committed the offence underlying the surrender during the probation period of a finally imposed suspended sentence of imprisonment, the subsequent ordering of the execution of a suspended sentence of imprisonment does not violate the rule of specialty set forth in Section 30 subsection (1) of Act no. CLXXX of 2012 on Cooperation with the Member States of the European Union in Criminal Matters, therefore such ordering does not require consent from the foreign judicial authority.

3. Where in the course of the defendant’s surrender to Hungary the defendant has not expressly renounced the application of the rule of specialty and the consent under Section 30 subsection (2) g) of Act no. CLXXX of 2012 on Cooperation with the Member States of the European Union in Criminal Matters has not been obtained from the judicial authority of the surrendering foreign state, the subsequent ordering in a special procedure governed by Section 572 subsection (1) b) of Act no. XIX of 1998 on the Criminal Code of the execution of a suspended sentence of imprisonment imposed for an offence committed before the surrender in a judgment not contained in the surrender request violates the rule of specialty.