Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. ab) is a criminal offence against the State, except for espionage against allied armed forces and espionage against the institutions of the European Union, whether or not the act is punishable under the law applicable to the locality where it was committed, ac) is a criminal offence defined in Chapter XIII or XIV, or any other criminal offence to be prosecuted under an international treaty promulgated in an Act, b) acts committed by persons other than Hungarian nationals abroad against a Hungarian national, or a legal person or other legal entity without legal personality established under Hungarian law, which are punishable under the Hungarian law. (3) In the cases specified in paragraph (2), the criminal proceedings shall be launched by the Prosecutor General. CHAPTER III CRIMINAL LIABILITY Criminal offence Section 4 (1) A criminal offence shall mean an act committed intentionally or, where negligent commission is punishable under this Act, negligently which is a danger to society and is subject to punishment under this Act. (2) An activity or omission shall constitute an act that is dangerous to society if it harms or endangers the person or rights of others or the social, economic or state order of Hungary as laid down by the Fundamental Law. Section 5 A criminal offence shall be a felony or a misdemeanour. A felony shall mean an intentional criminal offence which is punishable by a penalty of over two years of imprisonment under this Act, and any other criminal offence shall constitute a misdemeanour. Concurrence of criminal offences and continuous criminal offences Section 6 (1) Concurrence of criminal offences means that one or more acts by the perpetrator constitute more than one criminal offence, and they are adjudicated in a single proceeding. (2) If the perpetrator commits a criminal offence of the same kind against the same aggrieved party with the same determination multiple times at short intervals, it shall constitute a continuous criminal offence instead of concurrence. (3) If multiple acts or a permanent act by the perpetrator constitute a single criminal offence, or multiple criminal offences by the perpetrator constitute a single criminal offence pursuant to a provision of this Act, and the perpetrator is indicted of this criminal offence, then a further criminal offence of the same kind committed by the perpetrator after the indictment shall be adjudicated as a separate criminal offence. Intent Section 7 A criminal offence shall be considered intentional if the perpetrator desired or accepted the consequences of his act. Negligence Section 8 A criminal offence shall be considered negligent if the perpetrator foresees the possible consequences of his act but recklessly trusts that they would not take place, or if he cannot foresee the possible consequences of his act because he fails to exercise the care or circumspection expected of him. 2 Contact: eu-forditas@im.gov.hu

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