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.
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Contact: eu-forditas@im.gov.hu