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

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