In recent years Hungary has become a favourite destination for Israelis: holidays in Budapest, summer music festivals, and a good number of Israelis who have moved there to live. Anyone living in Hungary lives inside the European Union, and if proceedings are opened against them in Israel or in another country, they may be arrested not only in Hungary but in any country they travel to. This page explains what happens after an arrest in Hungary, how extradition works when the person sought lives in Europe, and how we handled one such case from beginning to end.
Representing Israelis in cases connected with Hungary
I have practised criminal law, extradition and international crime since 1998, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. Where the proceedings take place in Hungary, representation in court is by a Hungarian lawyer. Our firm runs the strategy, the relationship with the client and the family, and the Israeli side of the case.
A case from our practice: from Hungary to an arrest in Amsterdam, and no day in an Israeli prison
Together with Adv. Sasi Gaz, we represented an Israeli who was living in Hungary when an arrest warrant was issued against him in Israel, in a case that received wide media coverage. He was arrested in Amsterdam at Israel’s request, and we handled the case in Israel and abroad, working with a local lawyer in the Netherlands. After his extradition, the Israeli case ended in a plea agreement on two offences only, supplying drugs and assault. The indecent act charge was dropped, and the court imposed six months’ imprisonment, which he had already served in detention in the Netherlands. In practice he did not spend a single day in prison in Israel (mako).
The case illustrates two points that recur for Israelis living in Europe. The first is that the arrest can take place in a country other than the one where you live, so the legal position needs to be understood before any trip. The second is that time spent in detention abroad is not lost, and it can be taken into account in the final outcome in Israel.
What happens after an arrest in Hungary
A person arrested in Hungary can be held by the police for up to 72 hours, and within that time a court decides whether to order detention until the end of the investigation or to release them. You have the right to a lawyer and to an interpreter, and it is advisable to ask that the Israeli consulate be informed. Do not sign a document in Hungarian that you do not understand, and do not give a detailed account before you have spoken with a lawyer. In cases connected with festivals and drugs, the decisions taken in the first hours have a strong effect on everything that follows.
Extradition from and to Hungary
Hungary has been a party to the European Convention on Extradition since 1993, and Israel is also a party. A request by Israel to extradite an Israeli living in Hungary is examined in extradition proceedings in Hungary, and an Israeli arrested there can argue against extradition and apply for release on conditions. Hungary does not extradite its own citizens to states outside the Union, but Israelis are in Hungary as foreign nationals, so that protection does not apply to them.
Within the Union, the European Arrest Warrant applies. A warrant issued by Hungary can be executed in any Member State through a fast surrender procedure, and a warrant from another Member State can be executed in Hungary. The European warrant does not apply to Israel, and a Hungarian request to Israel is heard by the Jerusalem District Court under Israel’s Extradition Law. Where an INTERPOL notice has been issued, it needs to be reviewed alongside the warrant itself.
What our representation covers
- Urgent review of the arrest, the arrest warrant and any INTERPOL notices
- Work with Hungarian criminal defence counsel, and with lawyers in the country where the arrest took place
- Handling extradition proceedings abroad and in Israel, including applications for release on conditions
- Handling the case in Israel after extradition, including a plea agreement and credit for the period of detention abroad
- Advice before any trip for Israelis living in Hungary who have open proceedings against them
Why early action matters
Someone living in Europe who knows of an investigation against them in Israel needs to decide in advance how to proceed: whether to return, to approach the authorities or to remain where they are, and what each of these options means. After an arrest, the same decisions are taken under pressure. We can be reached 24/7 on +972-3-6969080. For neighbouring jurisdictions, see also our pages on criminal defence in Italy and criminal defence in Germany.
Frequently asked questions
How long can the police hold a detainee in Hungary?
Up to 72 hours. Within that time a court decides whether to order detention until the end of the investigation or to release the person.
I live in Hungary and there is an investigation against me in Israel. What is the risk?
Israel can request your arrest and extradition, and through an INTERPOL notice you may also be arrested in another country you travel to. It is advisable to review your position with a lawyer before any trip.
Does Hungary extradite Israelis to Israel?
Yes. Both countries are parties to the European Convention on Extradition. The request is examined in extradition proceedings in Hungary, where it is possible to argue against extradition.
Does time in detention abroad count towards a sentence in Israel?
It is usually taken into account. In a case our firm handled, the six months’ imprisonment imposed in Israel had already been served in detention in the Netherlands, and the client did not spend a single day in prison in Israel.
Who represents me in a Hungarian court?
A Hungarian lawyer. We run the strategy and the Israeli and international sides of the case, and work together with Hungarian counsel.
Official legal sources
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עורך דין פלילי בהונגריה.
