23.

Lastly, Paragraph 48 of that law provides: ‘1. The Hungarian court, when delivering its decision, shall be bound by the findings of fact of the foreign court. 2. In the course of the procedure before it, the Hungarian court shall determine the legal consequences deriving from the conviction under Hungarian law. If the sentence or measure imposed by the judgment of the foreign court is not fully compatible with Hungarian law, the Hungarian court shall make a finding in its decision as to the sentence or measure applicable under Hungarian law, so that it corresponds as closely as possible to the sentence or measure imposed by the foreign court, and, where an application is made for enforcement, shall accordingly rule on the enforcement of the sentence or measure. 3. When determining the applicable sentence or measure, reference shall be made to the law that applied at the time the offence was committed. If, under the Hungarian law applicable at the time the sentence or applicable measure is determined, the act in question no longer constitutes a criminal offence or is subject to a lesser punishment, that later law shall apply. 4. If, in the case of multiple offences, the foreign court has handed down a cumulative sentence in its judgment and any of the offences ruled on in the judgment is not an offence in Hungary or cannot otherwise be recognised there, the Hungarian court shall determine the sentence in its decision in accordance with the rules of the büntető törvénykönyv [Criminal Code ( 10 )] on the determination of sentences without having regard to that offence and taking account of the other findings of fact forming the basis of the judgment. 5. If the custodial sentence imposed by the foreign court is not compatible with Hungarian law with respect to the means of enforcing it or its duration, the Hungarian court shall determine the sentence and its duration in accordance with Hungarian law, including the rules governing the means of enforcement of the sentence and the grant of conditional release, taking account of the sentences laid down in the Criminal Code for the offence resulting from the findings of fact on which the judgment was based as well as the rules on the determination of sentences. If the duration of the custodial sentence imposed by the foreign court is less than the corresponding duration under Hungarian law, taking into account also the rules of the Criminal Code on the mitigation of sentences, the duration of the custodial sentence handed down by the Hungarian court shall be the same as that imposed by the foreign court. The duration of the sentence imposed by the Hungarian court may not be greater than that of the sentence imposed by the foreign court. 6. If the foreign court has imposed a custodial sentence and has ordered enforcement of part of the duration of the sentence, while suspending enforcement of the remaining part, the Hungarian court shall treat that custodial sentence as meaning that the convicted person has been granted conditional release. In those circumstances, when determining the time for granting conditional release, the Hungarian court may depart from Paragraph 38(2) of the Criminal Code and, if the duration of conditional release under Paragraph 39(1) of the Criminal Code is greater than the period of the suspension decided in the judgment of the foreign court, from Paragraph 39(1) of the Criminal Code. In those circumstances, the period of conditional release shall be the period of the suspension established in the judgment of the foreign court and the sentence shall be regarded as having been served following the last day of the conditional release so determined. 7. The Hungarian court shall inform the criminal records service of the recognition of the validity of the foreign judgment. …’