Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
c) three years after the sentence is served or its enforceability ceases, if he was sentenced to
imprisonment to be served for over one year but not more than five years for an intentional
criminal offence.
(2) The court may grant expungement to a juvenile upon request after serving a sentence of
imprisonment of over one year for an intentional criminal offence if he is worthy of
expungement.
CHAPTER XII
PROVISIONS ON SOLDIERS
Perpetrators
Section 127 (1) For the purposes of this Act, soldier means a member of the Hungarian
Defence Forces on active service, or a professional member of the police, the Parliamentary
Guard, the prison service, the professional disaster management organ, or the civil national
security services.
(2) The provisions of this Act shall apply to soldiers with the derogations specified in this
Chapter.
(3) Only a soldier can commit a military offence as offender.
Criminal offence against a soldier of another state
Section 128 (1) A soldier shall be punished under Chapter XLV if he commits a military
offence
a) against a soldier of an allied armed force, or
b) against a soldier of another state under the framework of humanitarian activities,
peacekeeping or humanitarian operations conducted in a foreign operational area, or in the
course of other service abroad
while performing a service task jointly.
(2) For the purpose of paragraph (1) a), a soldier of an allied armed force means also a
member of the police or civil defence service of the state of the allied armed force; for the
purpose of paragraph (1) b), a soldier of another state means also a member of the police or
civil defence service of the other state.
Section 129 A soldier shall be punished according to Chapter XLV if he commits a military
offence
a) while serving in an allied armed force,
b) under the framework of humanitarian activities, peacekeeping or humanitarian operations
conducted in a foreign operational area.
Reasons for excluding liability to punishment
Section 130 (1) A soldier shall not be liable to punishment for an act he was ordered to
perform, unless he knew that carrying out the order would constitute a criminal offence.
(2) Also the person giving the order shall be liable for a criminal offence committed upon
order as an offender if the soldier knew that carrying out the order would constitute a criminal
offence; otherwise, the person giving the order shall be liable as an indirect offender.
Reason for terminating liability to punishment
Section 131 Apart from the cases specified in section 66 (1), the perpetrator shall not be
liable to punishment for a military misdemeanour if his service period expired at least one
year ago.
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