Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
(4) For the purposes of this section, pollution means any load on the soil, air, water, living
world or their components exceeding the emission limit specified by law or an authority
decision.
Damaging natural values
Section 242 (1) A person who unlawfully acquires, keeps, places on the market, imports to,
exports from or transports through the territory of the country, trades in, damages or destroys
a) a specimen of a specially protected living organism,
b) specimens of a protected living organism or a plant or animal species that are significant
for nature conservation purposes in the European Union, provided that the total monetary
value of all such specimens, as determined by law, reaches the lowest monetary value
determined for specimens of a specially protected living organism,
c) a specimen of a living organism falling within the scope of Annex A or B of the Council
Regulation (EC) on the protection of species of wild fauna and flora by regulating trade
therein
is guilty of a felony and shall be punished by imprisonment for up to three years.
(2) The punishment shall be imprisonment for one to five years if the criminal offence of
damaging natural values causes such a destruction of specimens of a living organism
a) that, in the cases specified in paragraph (1) a) or b), the total monetary value of all
specimens of the destroyed living organism, as determined by law, is at least double of the
highest monetary value determined for specimens of a specially protected living organism,
b) which, in the case specified in paragraph (1) c), endangers the survival of the population
of the living organism.
(2a) A person who commits the criminal offence of damaging natural values by using
poison or placing bait suitable for killing an animal, thus endangering the life of more than
one animal shall be punished under paragraph (2).
(3) A person who commits the criminal offence specified in paragraph (2) by negligence is
guilty of a misdemeanour and shall be punished by imprisonment for up to two years.
(3a) A person who commits preparation for the criminal offence specified in paragraph (2)
or (2a) is guilty of a misdemeanour and shall be punished by imprisonment for up to two
years.
(4) For the purposes of this section, a specimen of a living organism means:
a) all stages, forms, and status of development of a living organism,
b) a specimen resulting from the natural or artificial cross-breeding of living organisms,
c) derivatives of specimens of living organisms, which shall be construed to mean also a
dead creature or any part of a dead creature or a specimen of a living organism, as well as any
product or preparation made of or containing any ingredient taken from any of the above.
Section 243 (1) A person who alters a Natura 2000 area, a protected cave, a protected
natural area or a community or habitat of protected living organisms illegally and to a
significant extent is guilty of a felony and shall be punished by imprisonment for up to three
years.
(2) The punishment shall be imprisonment for one to five years if the criminal offence of
damaging natural values causes any significant damage to or the destruction of the Natura
2000 area, protected cave, protected natural area, or the community or habitat of the protected
living organisms.
(3) A person who commits the criminal offence specified in paragraph (2) by negligence is
guilty of a misdemeanour and shall be punished by imprisonment for up to two years.
(4) For the purposes of this section, a Natura 2000 area shall mean an area defined as such
by the Act on the protection of nature.
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Contact: eu-forditas@im.gov.hu