Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. (2) Compulsory psychiatric treatment shall be terminated if it is no longer necessary. CHAPTER IX SENTENCING The objective of punishment Section 79 The objective of punishment shall be, in the interest of the protection of society, to prevent the perpetrator or any other person from committing a criminal offence. The principles of sentencing Section 80 (1) Punishment shall be imposed within the framework laid down in this Act, bearing in mind its objective, ensuring that the punishment is appropriate for the material gravity of the criminal offence, the degree of guilt, the degree of danger the perpetrator poses to society, and other mitigating and aggravating circumstances. (2) The median value of the penalty range shall be the reference value when imposing a sentence of fixed-term imprisonment. The median value shall be equal to half of the sum of the minimum and maximum of the penalty range. (3) If this Act provides for that the penalty ranges specified in the Special Part be increased at sentencing, the calculation specified in paragraph (2) shall be performed using the increased penalty ranges. (4) If the court imposes a sentence of imprisonment, it shall be determined without taking the possibility of suspending the enforcement of the punishment and of release on parole into account. Concurrent sentence Section 81 (1) One sentence shall be imposed for concurrence of criminal offences. (2) The most serious type of penalty and penalty range from among those applicable to the criminal offences constituting concurrence shall be the basis for imposing a concurrent sentence. (3) If at least two of the criminal offences constituting concurrence are punishable by fixedterm imprisonment, the maximum of the applicable penalty range shall be determined by increasing the maximum of the highest penalty range of the penalty ranges applicable to the individual criminal offences by half, but it shall not reach the combined total term of the maximum of the penalty ranges applicable to the individual criminal offences. (4) If the respective conditions are met regarding the given criminal offence, the penalty range of the criminal offence constituting concurrence shall be determined according to the provisions applicable to special, multiple or violent multiple recidivists, or to commission in a criminal organisation, before applying paragraphs (2) and (3). (5) The secondary penalty, even in the case of a concurrent sentence, shall not exceed the highest value or period specified in the Act. Reduction of punishment Section 82 (1) A punishment more lenient than the penalty range may be applied if, taking the principles of sentencing into account, even its lowest level would be excessive. (2) According to paragraph (1), if the minimum of the penalty range is a) ten years of imprisonment, imprisonment for at least five years, b) five years of imprisonment, imprisonment for at least two years, c) two years of imprisonment, imprisonment for at least one year, d) one year of imprisonment, imprisonment for a shorter period 25 Contact: eu-forditas@im.gov.hu