Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. Error Section 20 (1) A perpetrator shall not be liable to punishment for a fact of which he was not aware at the time of commission. (2) A person shall not be liable to punishment if he commits a punishable act under the false assumption that the act is not a danger to society, and he has a reasonable ground for this assumption. (3) Liability to punishment shall not be excluded by error if the error is due to negligence, and negligent commission is punishable under this Act. Justifiable defence Section 21 A person’s act shall not be punishable if he harms an illegal attacker using a means of defence that is not capable of killing a person, installed for the purpose of preventing illegal attacks against his own person or property, or that of other persons, provided that the defending person took all measures which can be expected of him under the circumstances, to prevent that harm be caused by the installed means of defence. Section 22 (1) A person’s act shall not be punishable if it is necessary to avert an actual or imminent illegal attack against his own person or property or that of another person or persons, or against the interest of the public. (2) An illegal attack shall be deemed to be directed against the life of the defending person if a) it is committed against a person aa) at night, ab) with a weapon, ac) with an instrument capable of causing death, or ad) by a group, b) a home is entered illegally ba) at night, bb) with a weapon, bc) with an instrument capable of causing death, or bd) by a group, or c) a fenced area of a home is entered illegally and with a weapon. (3) A person shall not be liable to punishment if he exceeds the necessary extent of averting due to fright or excusable excitement. (4) A person under attack shall not be required to escape from the illegal attack. Necessity Section 23 (1) A person’s act shall not be punishable if he saves his own person or property, or that of another person from an imminent danger that cannot be averted by any other means, or if he acts to protect the interest of the public, provided that his action does not cause any harm greater than what he sought to avert. (2) A person shall not be liable to punishment for causing harm greater than what he sought to avert if he did not recognise the scale of the harm due to his fright or excusable excitement. (3) Necessity shall not be taken into account to the benefit of a person who is at fault in causing the danger, or who is obliged to take the risk of danger by virtue of his profession. Permission by law Section 24 An act shall not be punishable if it is permitted, or is declared to be without punishment, by law. 5 Contact: eu-forditas@im.gov.hu