Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. CHAPTER VI OTHER OBSTACLES TO ESTABLISHING CRIMINAL LIABILITY Section 30 The absence of a) private motion, b) crime report shall be an obstacle to establishing criminal liability. Absence of private motion Section 31 (1) In the cases specified in this Act, the perpetrator of a criminal offence may only be punished upon a private motion. (2) The aggrieved party shall be entitled to file a private motion. (3) In the cases specified in section 69 (5) of the Act XC of 2017 on the Code of Criminal Procedure, only the statutory representative of the aggrieved party may file the private motion. If the aggrieved party is a minor having limited capacity to act, the private motion may be filed by him or his statutory representative. In these cases, the private motion may also be filed by the guardianship authority. If there is a conflict of interests, the provisions of the Civil Code shall apply. (4) If the aggrieved party entitled to file a private motion dies, the private motion may be filed by his relative. (5) A private motion filed against any of the perpetrators shall be effective against all perpetrators. (6) A private motion may not be withdrawn. Absence of crime report Section 32 (1) In the cases specified in this Act, the perpetrator of a criminal offence may only be punished upon the crime report filed by the person entitled to do so. CHAPTER VII PENALTIES Section 33 (1) Penalties shall be the following: a) imprisonment, b) confinement, c) community service, d) financial penalty, e) disqualification from a profession, f) disqualification from driving a vehicle, g) ban on entering certain areas, h) ban on visiting sports events, i) expulsion. (2) A secondary penalty shall be exclusion from participating in public affairs. (3) With the exceptions specified in paragraphs (5) and (6), penalties may be imposed simultaneously. (4) If the minimum of the penalty range for a criminal offence does not reach one year of imprisonment then confinement, community service, financial penalty, disqualification from a profession, disqualification from driving a vehicle, ban on entering certain areas, ban on visiting sports events, or expulsion may be imposed, individually or in any combination, instead of imprisonment. 8 Contact: eu-forditas@im.gov.hu