Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. Section 60 (1) Expulsion shall be imposed for a fixed period or permanently. (2) The period of expulsion for a fixed period shall not be shorter than one year or longer than ten years. (2a) With the exceptions specified in section 59 (2) and (4), the application of expulsion shall not be dispensed with if imprisonment is imposed for illegal crossing of the border fence (section 352/A), vandalisation of the border fence (section 352/B), obstructing construction works related to the border fence (section 352/C), or people smuggling (section 353). The period of fixed-term expulsion shall be twice as long as the period of the imposed imprisonment sentence, but at least two years. The period of expulsion may be specified in years, months or days. Section 50 (2) shall not apply if this paragraph is applied. (3) A person may be expelled permanently if he is sentenced to imprisonment for ten years or more, and his presence in the country would pose a significant threat to public safety, taking into account the considerable gravity of the criminal offence, the nature of commission and the relationships of the perpetrator. A person who has the right to free movement and residence shall not be expelled permanently. (4) The period of expulsion shall commence on the day when the convict leaves the territory of Hungary, or the territory of the European Union for a third-county national convict without the right to reside in another Member State of the European Union, in compliance with the order adopted, pursuant to the laws on immigration, on the enforcement of the expulsion or if this date is not available, on the due date set in the order. If the court imposes a sentence of expulsion on a defendant who is staying abroad or is absent, then the period of expulsion shall begin on the day of the conclusive decision becoming final and binding. (5) The court may exempt the expelled person from permanent expulsion upon request, provided that ten years have passed since the expulsion and the expelled person is worthy of it. Exclusion from participating in public affairs Section 61 (1) A person shall be excluded from participating in public affairs if he is sentenced to imprisonment to be served for committing an intentional criminal offence and he is unworthy of participating in public affairs. (2) A person excluded from participating in public affairs a) shall be excluded from the right to vote and to be voted for and may not participate in a referendum or popular initiative, b) shall not be a public officer c) shall not be a member of, or participate in the work of, a body or committee of an organ of popular representation, d) shall not be delegated to the general assembly or a body of an organisation established by an international treaty promulgated in an Act, e) shall not hold a military rank, f) shall not receive a domestic distinction and may not be permitted to accept a foreign distinction, g) shall not serve as a defence counsel or legal representative in an official procedure, h) shall not hold a position in a statutory professional body or public foundation, and i) shall not be an executive officer of a non-governmental organisation as defined by the Act on non-governmental organisations. (3) Upon the conclusive decision becoming final and binding, the person excluded from participating in public affairs shall be deprived of all memberships, jobs, positions, military ranks, mandates and distinctions which are excluded by paragraph (2), as well as all titular ranks. 17 Contact: eu-forditas@im.gov.hu