Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. b) the term of imprisonment is two years or more, and ba) the convict is a multiple recidivist, or bb) the convict committed the criminal offence in a criminal organisation. Release on parole from fixed-term imprisonment Section 38 (1) If fixed-term imprisonment is imposed, the court shall specify in its conclusive decision the earliest date of release on parole, or, in the case specified in paragraph (4), shall establish that the possibility of release on parole is excluded. (2) If the possibility of release on parole is not excluded, its earliest date shall be the day after serving a) two-thirds b) for a recidivist, three-quarters of the sentence, but at least three months. (3) If imprisonment for a period not exceeding five years is imposed, the court, in cases deserving special consideration, may order in its conclusive decision that the convict may be released on parole after serving half of his sentence. This provision shall not apply if the convict is a multiple recidivist. (4) A person shall not be released on parole if a) he is a multiple recidivist and the imprisonment is to be served in a high-security penal institution, b) he is a violent multiple recidivist, c) he committed the criminal offence in a criminal organisation, d) he was sentenced to imprisonment for an intentional criminal offence committed after being previously sentenced to fixed-term imprisonment to be served, but before enforcement of the sentence was completed or its enforceability ceased, e) he was sentenced to imprisonment to be served for the commission, as an offender, of the following criminal offences: ea) genocide, crime against humanity, apartheid if committed by causing death intentionally [sections 142 (1) a), 143 (1) a), 144 (1) a)], eb) homicide [section 160 (1) to (2)], ec) kidnapping [section 190 (4)], ed) an aggravated case of prisoner mutiny, terrorist act, unlawful seizure of a vehicle or mutiny if committed by causing death intentionally [sections 284 (4), 314 (1), 320 (2), 422 (4)] or ee) violence against a military superior or a serving officer [section 445 (5) a)]. (5) A person shall not be released on parole also if he was sentenced to imprisonment to be served a) in a case where a criminal offence under paragraph (4) e) was committed, aa) for preparation, ab) as an accessory or ac) applying reduction without limitation, b) for a violent criminal offence against a person punishable by imprisonment for eight years or more that he committed against a relative, or c) for a criminal offence against the freedom of sexual life and sexual morality punishable by imprisonment for eight years or more that he committed against a person who has not attained the age of eighteen years. 10 Contact: eu-forditas@im.gov.hu